Wellman v. Butler Area School Dist. — civil / disability — reversal — Shwartz

The Third Circuit today held that a plaintiff’s suit under the Americans with Disabilities Act, the Rehabilitation Act, and section 1983 was subject to the administrative-exhaustion requirement of the Individuals with Disabilities Education Act. Since the plaintiff earlier had released all claims that could have been brought at an administrative hearing, the Third Circuit held that this suit must be dismissed with prejudice, vacating the district court’s dismissal-without-prejudice order.

Joining Shwartz were Smith and Jordan. Arguing counsel were Edward Olds of Olds Russ for the student and Thomas Breth of Dillon McCandless for the district.