was in sixth grade, Plaintiffs requested that the District conduct an evaluation of I.Q.’s alleged disability. to have “difficulty concentrating, paying attention, thinking clearly, focusing, staying organized, keeping track of things and remembering to complete her work, to bring her completed work to school, and to finish her work.” (Id.) During the 2012-2013 school year, when I.Q. ¶ 13.) ADHD is an impairment which causes I.Q. is a 13 year-old eighth grade student in the Washington Township School District. Facts The Court accepts as true the following facts from Plaintiffs’ Complaint for the purposes of the instant motion to dismiss. For the reasons discussed below, the Court will grant Defendant’s motion to dismiss on exhaustion grounds. Because Plaintiffs concede that they failed to exhaust the IDEA’s administrative remedies, Defendant’s motion turns on whether Plaintiffs seek relief which is available under the IDEA and whether the IDEA’s exhaustion requirements apply to their non-IDEA claims. Defendant argues that the exhaustion requirement under the Individuals with Disabilities Act (“IDEA”) applies to Plaintiffs’ claims even though they do not assert a cause of action under the IDEA. (collectively, “Plaintiffs”), allege that Defendant discriminated against their 13 year-old daughter, an eighth grade student with Attention Deficit Hyperactivity Disorder (“ADHD”), on the basis of disability by failing to provide a Section 504 plan in violation of the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act (“Section 504”), and the New Jersey Law Against Discrimination (“NJLAD”). and S.B., individually and on behalf of their daughter, I.Q. 1125 Atlantic Avenue, Third Floor Atlantic City, NJ 08401 Attorney for Defendant Washington Township School District SIMANDLE, Chief Judge: INTRODUCTION This matter comes before the Court on Defendant Washington Township School District’s (“Defendant” or “the District”) motion to dismiss for lack of subject matter jurisdiction based on Plaintiffs’ purported failure to exhaust administrative remedies. FREEMAN CAROLLA REISMAN & GRAN LLC 19 Chestnut Street Haddonfield, NJ 08033 Attorney for Plaintiffs J.Q. WASHINGTON TOWNSHIP SCHOOL DISTRICT, OPINION Defendant. and S.B., individually and on behalf of I.Q., Plaintiffs, HONORABLE JEROME B.

12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY J.Q.

Washington township, nj public schools