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ROBB v. BETHEL SCHOOL DIST. # 403

No. 01-35823.

308 F.3d 1047 (2002)

Danicia ROBB; Lovie Robb, as parents and guardians of Latosha Robb; Latosha Robb, Plaintiffs-Appellants, v. BETHEL SCHOOL DISTRICT # 403; Bethel School Board; Jill Jacoby, Superintendent, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2002.

Attorney(s) appearing for the Case

John S. Stocks, Van Siclen, Stocks & Firkins, Auburn, WA, for the plaintiffs-appellants.

William A. Coats and Daniel C. Montopoli, Vandeberg Johnson & Gandara, Tacoma, WA, for the defendants-appellees.

Before: HILL, GOULD, and BERZON, Circuit Judges.

GOULD, Circuit Judge.

This appeal requires us to decide whether a plaintiff who seeks only money damages is required to exhaust administrative remedies before instituting a claim under 42 U.S.C. § 1983 predicated on a violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485. Answering a question that has divided our sister circuits, we hold that when a plaintiff has alleged injuries that could be redressed to any degree...

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