to bringing suit in this Court, and Plaintiffs failed to do so, the Court now turns to the question of whether exhaustion should be excused in this case. Exhaustion under the IDEA is not required where resorting to administrative remedies would prove futile or the available relief is inadequate. N.B. v. Alachua County Sch. Bd., 84 F.3d 1376, 1379; M.T.V., 446 F.3d at 1159. “The burden of demonstrating futility is on the party seeking exemption from the exhaustion requirement.” M.T.V., 446 F.3d at 1159. Plaintiffs contend that the alleged injuries cannot be redressed by the IDEA’S administrative process and that exhaustion is futile because their claims are for monetary damages for past injuries, and are not education based. Plaintiffs have not demonstrated t , 1275-76 (9th Cir.1999) (<HOLDING>). Here, the Complaint is devoid of allegations
holding school district hable for teachers sexual harassment of student only upon knowing failure to act holding that provision requiring exhaustion within two years of injury was not jurisdictional and was subject to tolling holding that the district was not liable under respondeat superior for a teachers sexual assault of a student even though it occurred on school grounds and during school hours because the criminal misconduct was not within the scope of the teachers employment holding that a teachers consensual sexual relationship with a fifteenyearold student constituted a violation of the students substantive due process rights holding that exhaustion was unnecessary where a student was physically tortured by two teachers because of his disability