Komninos v. Upper Saddle River Board of Education

Stephen Komninos was a severely disabled boy with cerebral palsy and related behavioral and communicative disorders. Stephen displayed unpredictable and aggressive behaviors, was unable to care for himself, and had a very limited attention span. Stephen’s parents (plaintiffs) requested that the Upper Saddle River Board of Education (the district) (defendant) place Stephen in a residential school. When the district refused to do so, Stephen’s parents began the administrative-appeal process under the Individuals with Disabilities Education Act (IDEA) and unilaterally enrolled Stephen in their chosen residential school. During the appeal process, Stephen’s parents sought emergency relief requiring the district to pay the school’s tuition for the upcoming school year while the administrative appeal proceeded. Stephen’s parents asserted, and their expert witnesses agreed, that Stephen would be a danger to himself and others in a nonresidential setting, that he was making progress in the current placement, and that he would suffer regression that amounted to irreparable harm if he was forced to leave the school. The administrative-review officer denied this request. Stephen’s parents appealed the decision in district court. The district court dismissed the complaint, holding that it did not have jurisdiction over the matter because Stephen’s parents had not yet exhausted the administrative remedies under the IDEA. Stephen’s parents appealed.