FRAZIER v. FAIRHAVEN SCHOOL COMMITTEE

No. 01-1130.

276 F.3d 52 (2002)

Kate FRAZIER et al., Plaintiffs, Appellants, v. FAIRHAVEN SCHOOL COMMITTEE et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 9, 2002.


Attorney(s) appearing for the Case

Michael W. Turner for appellants.

Gerald Fabiano, with whom Pierce, Davis & Perritano, LLP was on brief, for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.


SELYA, Circuit Judge.

This appeal requires us to decide three issues of first impression in this circuit. Answering a question that has divided our sister circuits, we hold that a plaintiff who alleges that local educational officials have flouted her right to a free and appropriate public education may not bring suit for money damages under 42 U.S.C. § 1983 without first exhausting the administrative process established by the Individuals with Disabilities Education...

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