McCormick v. Waukegan School District Number 60

Eron McCormick was a disabled teenager who suffered from a rare form of muscular dystrophy. Eron’s disease prevented him from being able to participate in any form of vigorous exercise because doing so could cause serious, permanent damage to his kidneys and muscles. Eron attended school in the Waukegan School District Number 60 (the district) (defendant), which had developed an individualized education program (IEP) for Eron with Eron’s parents, the McCormicks (plaintiffs) in accordance with the Individuals with Disabilities Education Act (IDEA). The IEP explicitly restricted Eron’s participation in physical-education class to non-strenuous activities. The physical-education instructor, Jan Neterer, told the McCormicks that she understood and would adhere to the IEP. During a physical-education class, however, Neterer intentionally ignored the IEP and forced Eron to run laps and perform push-ups. Eron protested and reminded Neterer of his IEP, but Neterer told Eron that he would fail the class and have to repeat the grade if he did not comply. Neterer continued to force Eron to exert himself, even after Eron told her that he was experiencing dangerous symptoms. The next day, Eron was hospitalized, suffering from exhaustion, pain, muscle cramping, and signs of kidney damage. Eron’s kidneys were permanently damaged by the episode, reducing his quality of life and potentially shortening it. The McCormicks filed suit in federal court against the district and various individuals for violations of Eron’s constitutional rights and other state-law claims. The McCormicks did not invoke their rights under the IDEA, but the district court nevertheless dismissed their claim, holding that the McCormicks must first exhaust the administrative remedies provided by the IDEA. The McCormicks appealed.