Concussed Plaintiff Must Exhaust Administrative Remedies before Making Accommodation Claim

A federal judge has dismissed a lawsuit from a high school football player, alleging that a school district did not do enough to accommodate him after he suffered multiple concussions.

The court will allow the plaintiff to refile his complaint, but only after he exhausts the administrative remedies that are at his disposal.6667502835_562064d2f8

As a high school freshman, the plaintiff suffered a concussion on August 31, 2009, while participating in a game of flag football during his physical education class.

Two days later, the plaintiff’s mother, called the school to inform them of her son’s injuries and that he would be returning shortly, but that he would need special accommodations until he returned to full health.

She requested he be removed from two of his classes and be placed in extra study halls so he would have extra time to complete his work and rest. She also requested his teachers be made aware of his situation so they would not ask him to participate in any unsuitable activity or any activity that might aggravate his symptoms or conditions, according to the complaint.

On September 14, the plaintiff went to the Children’s Hospital due to his persistent symptoms and underwent an EEG test. A physician proceeded to write a letter to the school’s principal, asking that the plaintiff receive academic accommodations. The letter was allegedly ignored.

On September 30, the plaintiff attended his school’s football game with the expectations of being able to sit on the sideline with his team to cheer them on and offer his support. The mother had allegedly called the football coach ahead of time, informing him that her son was still suffering symptoms of his concussion and explained that he had not been cleared to participate in the game and that he simply wanted to support his teammates.

The plaintiff claimed that …

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