KNOXVILLE, Tenn. — A federal judge has dismissed a lawsuit filed by a 9th grader against Knox County Schools over chewing gum and eating in the classroom.
The plaintiff, identified as "Jane Doe" in court documents, attended L&N Stem Academy in the Knox County School Systems. The student has misophonia, a "disorder of decreased tolerance to specific sounds or their associated stimuli."
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The plaintiff would have an extreme reaction to hearing the sounds of chewing gum and food due to her misophonia. Because of this, her ability to think, concentrate and learn are limited. The plaintiff said that she “is missing approximately half her educational time” at L&N because she leaves the classroom to escape the sounds of chewing gum.
Court documents said the "plaintiff, through her parents, filed suit under the Americans with Disabilities Act of 1990 and Title V of the Rehabilitation Act of 1973, but not the Individuals with Disabilities Act (IDEA)."
The court said that the plaintiff failed to exhaust her administrative remedies under IDEA. Because the crux of the plaintiff's second amended complaint "seeks relief that is also available under” the IDEA, the law required her to “exhaust the IDEA’s administrative procedures” before filing suit.
The court granted Knox County's Board of Education's motion to dismiss.