Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II and Section 504 on behalf of IDEA eligible students to proceed directly to court without implementation of IDEA’s administrative

By William P. Miles, Jr.

On January 25, 2013, the Department of Education’s Office for Civil Rights (“OCR”) published guidance to schools regarding their obligation to provide equal access to extracurricular athletic opportunities to students with disabilities under Section 504 of the Rehabilitation Act of 1973.   Section 504 generally requires that schools receiving federal financial