Doe v. Harlandale Indep Sch Dist

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50 654
Summary Calendar

JON HARLANDALE-GA DOE,

Plaintiff−Appellant,

versus

HARLANDALE INDEPENDENT SCHOOL DISTRICT,

Defendant−Appellee.

Appeal from the United States District Court
for the Western District of Texas
No. 5:18-CV-889

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.
PER CURIAM:
*

The plaintiff sued for relief under Section 504 of the Rehabilitation Act

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in
5
TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
March 11, 2020

Lyle W. Cayce
Clerk
Case: 19-50654 Document: 00515341197 Page: 1 Date Filed: 03/11/2020

No. 19-50 654
2
of 1973 and 42 U.S.C. § 1983. The district court properly dismissed for failure
to exhaust for not invoking the IDEA administrative review process. The court
noted that the “exhaustion requirement applies even if relief is sought under
other federal laws” such as § 1983. The defendant school district helpfully
points out that just a few months after the district court entered judgment, this
court reiterated this exhaustion requirement in McMillen v. New Caney Inde-
pendent School District, 939 F.3d 640, 645−47 (5th Cir. 2019), petition for cert.
filed (Jan. 30, 2020) (No. 19-972).
AFFIRMED.
Case: 19-50654 Document: 00515341197 Page: 2 Date Filed: 03/11/2020