Greene Espel PLLP 222 South Ninth Street, Suite 2200, Minneapolis, MN 55402
Tel / 612.373.0830    Fax / 612.373.0929
Print Page
news
Back to News
Greene Espel school district client wins motion to dismiss for lack of subject matter jurisdiction
02/25/2015

Moorhead Public Schools, ISD No. 152, represented by Greene Espel attorney Jenny Gassman-Pines, obtained the dismissal yesterday of all claims brought by a student and her parents under the Rehabilitation Act, Americans with Disabilities Act, and the Minnesota Human Rights Act.  Having previously denied the plaintiff's request for a preliminary injunction, United States District Judge Ann D. Montgomery granted the School District's motion to dismiss for lack of subject matter jurisdiction, concluding that the plaintiff had failed to exhaust her administrative remedies under the Individuals with Disabilities Education Act ("IDEA") prior to commencing the action, despite the fact that the plaintiff had attempted to "circumvent" the IDEA's exhaustion requirement by asserting only disability-related claims.  This decision continues a recent trend in the District that rejects attempts to circumvent the IDEA's exhaustion requirement through creative pleading techniques. Contact Jenny Gassman-Pines for more information about Greene Espel's public sector practice.