## Facts

- Eron McCormick, a high-school freshman, had McArdle’s Disease, a muscular disorder that made strenuous exercise dangerous and risked serious muscle and kidney damage.
- Eron and his parents worked with Waukegan School District No. 60 to create an IDEA Individualized Education Program (IEP) limiting him to non-strenuous physical education activities.
- The complaint alleged the physical education teacher intentionally disregarded the IEP and required Eron to run laps and do push-ups, threatening him with failure and grade repetition if he refused.
- Eron allegedly reported dangerous symptoms during class, but the teacher continued to require exertion.
- The next day Eron was hospitalized with exhaustion, pain, muscle cramping, and signs of kidney damage; he allegedly suffered permanent kidney injury.
- Eron (through his mother) sued the school district and school officials asserting claims under 42 U.S.C. § 1983 and Illinois tort law, without asserting an IDEA cause of action.

## Issues

1. Whether a student bringing § 1983 and state-law tort claims for physical injuries allegedly caused by noncompliance with an IEP must exhaust IDEA administrative remedies under 20 U.S.C. § 1415 before proceeding in federal court.

## Decision

- The Seventh Circuit reversed the Rule 12(b)(6) dismissal and remanded.
- IDEA exhaustion was not required because the suit sought damages for physical injuries and related harms not available through IDEA procedures, and it did not plead an IDEA claim.
- The court held that § 1415(l) requires exhaustion only when the plaintiff seeks relief that is also available under IDEA.

## Legal Principles

- Under 20 U.S.C. § 1415(l), exhaustion of IDEA administrative procedures is required only for actions “seeking relief that is also available” under IDEA.
- IDEA administrative remedies are directed to educational disputes (e.g., placement, services, compensatory education), not monetary damages for bodily injury.
- The presence of an IEP in the factual background does not, by itself, convert a personal-injury or constitutional-tort damages action into a claim requiring IDEA exhaustion.
- Courts focus on the gravamen of the complaint and the relief requested; where IDEA cannot provide the requested remedy, exhaustion is not required.

## Conclusion

The Seventh Circuit held that a student seeking damages under § 1983 and state tort law for physical injuries allegedly caused by school staff’s disregard of an IEP need not exhaust IDEA administrative remedies when the requested relief is not available under IDEA and the plaintiff does not pursue an IDEA claim.


McCormick v. Waukegan Sch. Dist. No. 60, 374 F.3d 564 (7th Cir. 2004)