R.K. v. Hayward Unified School District
R.K. v. Hayward Unified School District
Opinion of the Court
MEMORANDUM
R.K., a minor, by and through his parents, T.K. and C.K., appeals the district court’s order dismissing, for lack of jurisdiction, his request for a “stay put” order as provided for in the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. We affirm.
The district court properly dismissed R.K’s request for failure to exhaust administrative remedies because the record reflects that he made, and then withdrew, his request for a due process hearing. See Robb v. Bethel Sch. Dist. # 403, 308 F.3d 1047, 1049-50 (9th Cir. 2002) (affirming dismissal of claims predicated on IDEA where plaintiff failed to exhaust administrative remedies). By dismissing the underlying due process complaint, R.K. placed his stay put request outside the express language of the IDEA. See 20 U.S.C. § 1415® (providing for a stay put “during the pendency of any proceedings conducted pursuant to this section ... ”) (emphasis added).
We find unpersuasive R.K’s argument that maintaining his administrative due process complaint would have been futile because he has failed to show that his underlying claims would not be resolved in course of the state administrative process.
R.K.’s remaining contentions lack merit.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
. Should R.K. reapply for administrative relief and obtain a new stay put order from the Office of Administrative Hearings (“OAH”), as the record suggests he has in fact done, nothing in this memorandum prevents him from seeking injunctive relief from the district court if it appears that the terms of the stay put order will not be enforced.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.