Facts

J.F. was a special needs student at Gage Elementary School. J.F.'s autism and speech issues entitled him to an Individual Education Plan, or IEP, that included a personal aide. The school eventually removed J.F.'s aide and replaced the aide with a few weeks left in the school year. J.F.'s parents initiated a suit on his behalf following the removal of J.F.'s aide from the classroom.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants made unnecessary budget cuts to the special needs program that defendants knew was inadequately staffed and funded. Plaintiffs also contended that defendants informed plaintiff of defendants' intent to remove plaintiff's aide despite the IEP in place yet ignored plaintiffs' constant urging to reinstate the aide. Moreover, plaintiffs contended that defendants' conduct resulted in plaintiffs being denied a proper education in the midst of increased behavioral problems and avoidable difficulties.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended that plaintiffs' claims should be dismissed because plaintiffs failed to exhaust administrative options before alleging the causes of action.

Result

The court dismissed plaintiffs' claims with prejudice.