This is land breaking ground, If you are in the 6th circut-
” Sixth Circuit holds special education student may seek relief in court without exhausting administrative remedies because only monetary damages for past injuries were sought, making exhausting of administrative futile.
Covington v. Knox County School System
(C.A. 6, 2000), 205 F.3d 912
A special education student who had graduated sought recovery of damages for having been periodically locked in a “time out” room over a four-year period. The room was 6 feet by 4 feet with a concrete floor and neither light, heating nor ventilation. The district court dismissed the claim holding that the parent must exhaust administrative remedies under IDEA prior to brining suit. The Sixth Circuit reversed. It held that because the injuries were all in the past and because only monetary damages could provide relief, and because monetary damages are not available in an administrative proceeding, the lawsuit could proceed. The case was remanded to the district court for further proceedings.”
Ohio, is in the 6th circuit, if you dont know what circut your in? look it up here
http://www.wrightslaw.com/advoc/articles/law_circuit_finder.htm