An Exhausting Idea: The Fifth Circuit Examines the Idea Exhaustion Requirement in Stewart v. Waco Independent School District

Abstract

On March 14, 2013, in Stewart v. Waco Independent School District, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiff was not required to administratively exhaust her Rehabilitation Act claim under the Individuals with Disabilities Education Act (IDEA). In doing so, the Fifth Circuit created a precedent that could potentially flood court dockets and that does not make use of the administrative safeguards statutorily in place. This Comment argues that, on remand, the U.S. District Court for the Western District of Texas should apply a relief-centered approach to ultimately find that the plaintiff was required to exhaust her administrative remedies under the IDEA.