Blunt v. Lower Merion Sch. Dist.

• Decision Date: 12 September 2014
• Docket Number: 11–4315.,Nos. 11–4200,11–4201,s. 11–4200
• Citation: 767 F.3d 247
• Parties: Amber BLUNT, on behalf of herself and all others similarly situated; Crystal Blunt; Michael Blunt, on their own behalf and on behalf of all others similarly situated; S.H.; W.W.; Eric Allston, on his own behalf and on behalf of all others similarly situated; Lydia Johnson, on her own behalf and on behalf of all others similarly situated; Linda Johnson; Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.; Chantae Hall, and on behalf of all others similarly situated; June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated; Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated; Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated; The Concerned Black Parents of Mainline Inc.; The Mainline Branch of The NAACP v. LOWER MERION SCHOOL DISTRICT; The Lower Merion School Board; Pennsylvania Department of Education Linda Johnson, Lydia Johnson, Carol Durell, Chantae Hall, S.H., Christine Dudley, W.W., Eric Allston, June Coleman, R.C. Lynda Muse, and Q.G., Appellants in No. 11–4200. Amber Blunt, on behalf of herself and all others similarly situated; Crystal Blunt; Michael Blunt, on their own behalf and on behalf of all others similarly situated; S.H.; W.W.; Eric Allston, on his own behalf and on behalf of all others similarly situated; Lydia Johnson, on her own behalf and on behalf of all others similarly situated; Linda Johnson; Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.; Chantae Hall, and on behalf of all others similarly situated; June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated; Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated; Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated; The Concerned Black Parents of Mainline Inc; The Mainline Branch of the NAACP v. Lower Merion School District; The Lower Merion School Board; Pennsylvania Department of Education Amber Blunt, Crystal Blunt, Michael Blunt and Concerned Black Parents of Mainline Inc., Appellants in No. 11–4201. Amber Blunt, on behalf of herself and all others similarly situated; Crystal Blunt; Michael Blunt, on their own behalf and on behalf of all others similarly situated; S.H.; W.W.; Eric Allston, on his own behalf and on behalf of all others similarly situated; Lydia Johnson, on her own behalf and on behalf of all others similarly situated; Linda Johnson; Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.; Chantae Hall, and on behalf of all others similarly situated; June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated; Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated; Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated; The Concerned Black Parents of Mainline Inc; The Mainline Branch of the NAACP v. Lower Merion School District; The Lower Merion School Board; Pennsylvania Department of Education Lower Merion School District, Appellant in Appellant in No. 11–4315.
• Court: U.S. Court of Appeals — Third Circuit

767 F.3d 247

Amber BLUNT, on behalf of herself and all others similarly situated;

Crystal Blunt;

Michael Blunt, on their own behalf and on behalf of all others similarly situated;

S.H.;

W.W.;

Eric Allston, on his own behalf and on behalf of all others similarly situated;

Lydia Johnson, on her own behalf and on behalf of all others similarly situated;

Linda Johnson;

Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.;

Chantae Hall, and on behalf of all others similarly situated;

June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated;

Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated;

Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated;

The Concerned Black Parents of Mainline Inc.;

The Mainline Branch of The NAACP
v.
LOWER MERION SCHOOL DISTRICT;

The Lower Merion School Board;

Pennsylvania Department of Education
Linda Johnson, Lydia Johnson, Carol Durell, Chantae Hall, S.H., Christine Dudley, W.W., Eric Allston, June Coleman, R.C. Lynda Muse, and Q.G., Appellants in No. 11–4200.

Amber Blunt, on behalf of herself and all others similarly situated;

Crystal Blunt;

Michael Blunt, on their own behalf and on behalf of all others similarly situated;

S.H.;

W.W.;

Eric Allston, on his own behalf and on behalf of all others similarly situated;

Lydia Johnson, on her own behalf and on behalf of all others similarly situated;

Linda Johnson;

Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.;

Chantae Hall, and on behalf of all others similarly situated;

June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated;

Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated;

Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated;

The Concerned Black Parents of Mainline Inc;

The Mainline Branch of the NAACP
v.
Lower Merion School District;

The Lower Merion School Board;

Pennsylvania Department of Education
Amber Blunt, Crystal Blunt, Michael Blunt and Concerned Black Parents of Mainline Inc., Appellants in No. 11–4201.

Amber Blunt, on behalf of herself and all others similarly situated;

Crystal Blunt;

Michael Blunt, on their own behalf and on behalf of all others similarly situated;

S.H.;

W.W.;

Eric Allston, on his own behalf and on behalf of all others similarly situated;

Lydia Johnson, on her own behalf and on behalf of all others similarly situated;

Linda Johnson;

Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.;

Chantae Hall, and on behalf of all others similarly situated;

June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated;

Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated;

Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated;

The Concerned Black Parents of Mainline Inc;

The Mainline Branch of the NAACP
v.
Lower Merion School District;

The Lower Merion School Board;

Pennsylvania Department of Education
Lower Merion School District, Appellant in Appellant in No. 11–4315.

Nos. 11–4200
11–4201
11–4315.

United States Court of Appeals, Third Circuit.

Argued June 11, 2013.
Filed: Sept. 12, 2014.

767 F.3d 253

Patrick Castaneda, Matthew A. Goldberg, Carl W. Hittinger, (argued), John D. Huh, Lesli C. Esposito, Nathan P. Heller, DLA Piper, Philadelphia, PA, Attorneys for Appellants Linda Johnson, Lydia Johnson, Carol Durrell, Chantae Hall, S.H., Christine Dudley, W.W., Eric Allston, June Coleman, R.C., Lynda Muse, and Q.G.

767 F.3d 254

Jennifer R. Clarke, (argued), Benjamin D. Geffen, Sonja D. Kerr, Barbara E. Ransom, Public Interest Law Center of Philadelphia, Philadelphia, PA, Judith A. Gran, Reisman, Carolla & Gran, Haddonfield, NJ, Attorneys for Appellants Amber Blunt, Crystal Blunt, Michael Blunt and the Concerned Black Parents of Mainline Inc.

Jenna B. Berman, Michael D. Kristofco, (argued), Wisler Pearlstine, Blue Bell, PA, Attorneys for Appellees Lower Merion School District and Lower Merion School Board.

Amy C. Foerster, Saul Ewing, Harrisburg, PA, M. Abbegael Giunta, Howard G. Hopkirk, (argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, Attorneys for Appellee Pennsylvania Department of Education.

BEFORE: McKEE, Chief Judge, and AMBRO and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

TABLE OF CONTENTS

I.	INTRODUCTION	255
II.	FACTS AND PROCEDURAL HISTORY	257
III.	STATEMENT OF JURISDICTION	264
IV.	STANDARD OF REVIEW	265
V.	ISSUES PRESENTED ON APPEAL	266
VI.	SUMMARY OF THE LAW	267

A.	The Individuals with Disabilities Education Act	267
B.	Redress and the Statute of Limitations under the IDEA	269
C.	Title VI of the Civil Rights Act of 1964	271
D.	42 U.S.C. § 1983	273
E.	Section 504 of the Rehabilitation Act and Relevant Regulations of the Department of Education	274
F.	Americans with Disabilities Act	275
G.	Establishing a Prima Facie Case of Racial Discrimination Through Circumstantial Evidence	275
H.	Class Actions and Res Judicata (Claim Preclusion) Defenses	276

1.	Claim Preclusion	276
2.	Application of Res Judicata (Claim Preclusion) in Class Actions	277

I. Standing 278

VII. ANALYSIS 280

A. The Effect of the Gaskin Settlement on the Claims Against the PDE 281

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