Loper v. Help Me Grow of Cuyahoga County

Citations

• 2018 Ohio 2401

Syllabus

Motion to dismiss conversion motion for summary judgment failure to exhaust administrative remedies Individuals with Disabilities Education Act (IDEA) Part C early intervention services Ohio Adm.Code 3701-8-10(F)(3). The trial court did not err in converting defendant-appellee county agency's motion to dismiss into a motion for summary judgment. The trial court gave reasonable notice to the parties that it was converting the motion and provided plaintiff-appellant 14 days to respond and submit competing evidence. The trial court properly granted summary judgment in favor of defendant-appellee on plaintiff-appellant's claims related to Part C of the IDEA on behalf of her minor children because plaintiff-appellant did not dispute that she failed to exhaust available administrative remedies before seeking judicial intervention. Plaintiff-appellant was required to file an administrative complaint for a due process hearing under Ohio Adm.Code 3701-8-10(F)(3) prior to filing her complaint in the common pleas court.