The Bradleys have not, however, cited any authority in support of their position concerning dismissal. To the contrary, dismissal of a Section 1415(i)(2)(C) action under Rule 12(b)(6) is appropriate when, as here, the complaint fails to state a claim upon which relief can be granted. See, e.g., M.C. v. Knox Cnty. Bd. of Educ., No. 3:17-CV-337, 2018 WL 2746014, at *5-10 (E.D. Tenn. June 7, 2018) (district court granted Rule 12(b)(6) motion because plaintiffs' claims under IDEA failed to state a claim upon which relief can be granted); Gibson v. Forest Hills Loc. Sch. Dist., Bd. of Educ., No. 1:11-CV-329, 2012 WL 1197896, at *3-6 (S.D. Ohio Apr. 10, 2012) (district court granted Rule 12(b)(6) motion as plaintiff failed to exhaust administrative remedies); J.R. v. Cox-Cruey, No. 14-149-DLB-JGW, 2015 WL 4080052, at *5 (E.D. Ky. July 6, 2015) (district court granted Rule 12(b)(1) and 12(b)(6) motion because plaintiff's appeal to the Exceptional Children Appeals Board was untimely); cf. I.L. v. Knox Cnty. Bd. of Educ., 257 F.Supp.3d 946, 957, 960-64 (E.D. Tenn. 2017) (district court granted Rule 12(b)(6) motion as to the IDEA grievance-procedure interference claim but denied it as to the IDEA-Supports Act claim), aff'd on other grounds, 739 Fed.Appx. 319 (6th Cir. 2018) (affirmed district court's ruling on the complaint-resolution-procedure under the summary judgment standard because each side presented evidence that did not appear in the pleadings). Thus, dismissal of the Bradleys' IDEA claims in Counts A and D of the Complaint does not result in a violation of their statutory or due process rights.
To the contrary, dismissal of a Section 1415(i)(2)(C) action under Rule 12(b)(6) is appropriate when, as here, the complaint fails to state a claim upon which relief can be granted. See, e.g.,M.C. v. Knox Cnty. Bd. of Educ. , No. 3:17-CV-337, 2018 WL 2746014, at *5-10 (E.D. Tenn. June 7, 2018) (district court granted Rule 12(b)(6) motion because plaintiffs’ claims under IDEA failed to state a claim upon which relief can be granted); Gibson v. Forest Hills Loc. Sch. Dist., Bd. of Educ. , No. 1:11-CV-329, 2012 WL 1197896, at *3-6 (S.D. Ohio Apr. 10, 2012) (district court granted Rule 12(b)(6) motion as plaintiff failed to exhaust administrative remedies); J.R. v. Cox-Cruey , No. 14-149-DLB-JGW, 2015 WL 4080052, at *5 (E.D. Ky. July 6, 2015) (district court granted Rule 12(b)(1) and 12(b)(6) motion because plaintiff's appeal to the Exceptional Children Appeals Board was untimely); cf.I.L. v. Knox Cnty. Bd. of Educ. , 257 F. Supp. 3d 946, 957, 960-64 (E.D. Tenn. 2017) (district court granted Rule 12(b)(6) motion as to the IDEA grievance-procedure interference claim but denied it as to the IDEA—Supports Act claim), aff'd on other grounds , 739 F. App'x 319 (6th Cir. 2018) (affirmed district court's ruling on the complaint-resolution-procedure under the summary judgment standard because each side presented evidence that did not appear in the pleadings). Thus, dismissal of the Bradleys’ IDEA claims in Counts A and D of the Complaint does not result in a violation of their statutory or due process rights.