Holland v. District of Columbia, 95-7016

• Decision Date: 12 December 1995
• Docket Number: No. 95-7016,95-7016
• Citation: 71 F.3d 417
• Parties: , 105 Ed. Law Rep. 397 Siobhan HOLLAND, et al., Appellants, v. DISTRICT OF COLUMBIA and Franklin L. Smith, Superintendent, District of Columbia Public Schools, Appellees.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 417

71 F.3d 417

315 U.S.App.D.C. 158, 105 Ed. Law Rep. 397

Siobhan HOLLAND, et al., Appellants, v. DISTRICT OF COLUMBIA and Franklin L. Smith, Superintendent District of Columbia Public Schools, Appellees.

No. 95-7016.

United States Court of Appeals District of Columbia Circuit.

Argued Nov. 17, 1995.

Decided Dec. 12, 1995.

Appeal from the United States District Court for the District of Columbia, No. 93cv01370.

Holly C. Cooper, argued the cause, for appellants, with whom Matthew B. Bogin, Washington, DC, was on the briefs.

Donna M. Murasky, Assistant Corporation Counsel, argued the cause, for appellees, with whom Charles F. Ruff, Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief. Garland Pinkston, Jr., Principal Deputy Corporation Counsel, Washington, DC, entered an appearance.

Before WALD, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The parents of Siobhan Holland, an emotionally troubled teenage girl, allege that the District of Columbia Public Schools ("DCPS") violated procedural and substantive requirements of the Individuals With Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq. (1994) ("IDEA" or "Act"), and that those violations entitle the parents to reimbursement for the costs they incurred placing Siobhan in an appropriate private residential educational setting. Despite finding that the residential school constituted an appropriate placement for Siobhan, the hearing officer for the case ruled that the parents were not entitled to reimbursement for their child's education because they had unlawfully withheld their consent for DCPS to evaluate her as required by the IDEA. The Hollands appealed to the district court, which granted DCPS' Motion to Dismiss the Complaint or in the Alternative for Summary Judgment. The district court held that "DCPS must evaluate Siobhan Holland before a placement determination is made under the IDEA," and ruled in favor of the educational agency. Holland v. District of Columbia, No. 93-cv-1370, Memorandum Opinion, at 6-7 (D.D.C. Sept. 8, 1994) ("Mem.Op.").

We find that the IDEA guarantees Siobhan's parents the right to have DCPS respond to their reasonable inquiries regarding the evaluation and placement process, and therefore remand to the district court to determine whether DCPS ever responded to the reasonable inquiry which the record shows the Hollands made. If, in fact, DCPS provided the parents with specific information regarding the tests to which it proposed to subject Siobhan, then the Hollands cannot prevail on their claim. If, on the other hand, DCPS refused to provide the Hollands with an answer to which the IDEA and implementing regulations entitled them, the Hollands must prevail.

I. BACKGROUND

Siobhan Holland was a troubled thirteen-year-old girl enrolled in private school when her quest for publicly funded special education began in early 1992. At that time, Siobhan's parents requested that DCPS evaluate their daughter to determine her eligibility for publicly funded special education and, if appropriate, propose a placement for her in accordance with the mandates of the IDEA.

The IDEA provides federal money to assist state and local educational agencies with the education of children with disabilities. See 20 U.S.C. Sec. 1400(b)(9). To qualify for the federal assistance, a participating state must guarantee all children with disabilities the right to a free appropriate public education ("FAPE"), id. Sec. 1412, in accordance with an individualized education program ("IEP") developed by people familiar with the child's needs, see id. Sec. 1414(a)(5). The statute guarantees an "appropriate" education for every child with a disability, but does not necessarily guarantee the child the best available education. See Board of Educ. v. Rowley, 458 U.S. 176, 200, 102 S.Ct. 3034, 3047, 73 L.Ed.2d 690 (1982).

In 1991, when Siobhan was thirteen years old, her parents admitted her to the Psychiatric Institute of Washington ("PIW") because of troublesome behavior. Siobhan had run away from home several times for short periods, and had carved obscenities into her arm with a razor blade. After two weeks in the residential program at PIW, Siobhan was discharged and returned home. Shortly thereafter, in February 1992, Siobhan's parents requested that DCPS evaluate her to determine her eligibility under the IDEA for a free appropriate public education, and, if appropriate, propose a placement for her.

Under Mills v. Board of Education of the District of Columbia, 348 F.Supp. 866, 878 (D.D.C.1972), DCPS had twenty days from the date of the request to complete its evaluation and diagnosis, and then up to thirty more days to propose a placement for Siobhan. Upon DCPS' failure to evaluate the child within this time frame, the Hollands requested a due process hearing before an independent hearing officer, as was their right under the IDEA. 20 U.S.C. Sec. 1415(b)(2).

On May 14, 1992, the Hollands got their due process hearing. The hearing officer ruled that DCPS's delay had denied Siobhan her due process rights and ordered the agency to evaluate her and, if appropriate, propose a placement for her by June 12, 1992. On May 17, the Hollands, through their attorney, provided DCPS with a 1991 independent psychiatric evaluation of Siobhan, along with a letter and discharge summary from her stay at PIW.

On May 19, the parties began the exchange of letters that gives rise to the factual question on which this case turns. In an effort to comply with the hearing officer's order, DCPS wrote to Matthew Bogin, the Hollands' attorney, in order to schedule a clinical psychological evaluation and social history for either May 20 or May 22. The next day, Bogin and a representative from DCPS spoke on the telephone and agreed that DCPS would assess Siobhan on May 22.

On May 21, the day before the proposed assessment, DCPS sent Bogin a letter confirming the previous day's telephone call and requesting a copy of the PIW discharge summary and recommendations, as well as progress reports from Siobhan's therapist. Bogin responded the same day with a letter stating that he had already supplied DCPS with the requested material, and that "[g]iven these documents I see no need for further testing of Siobhan. Even if there may be need for further testing, I cannot see why that testing cannot be done at [Siobhan's] current school." Letter from Matthew Bogin to Ryland Randolph, DCPS Case Manager (May 21, 1992). The letter also requested that DCPS comply with federal regulations regarding parental rights to adequate notice of proposed agency action.

On May 22, DCPS wrote back with a list of three tests it proposed to conduct in order to assess Siobhan. The letter listed: a "clinical interview," to be conducted on May 27 at Holy Trinity School; a "social history," to take place at Francis Junior High School the same day; and a "classroom observation/review of educational records/teacher interview," to be conducted at Holy Trinity on May 28. The letter ended, "If there are any questions regarding this matter, please don't hesitate to contact this office." Letter from Randolph to Bogin (May 22, 1992).

In fact, the Hollands did have questions about the proposed assessment, and took DCPS up on its invitation to "contact this office." On May 26, Bogin complained in a letter to DCPS that the May 22 correspondence had not satisfied federal notice requirements. Specifically, Bogin alleged that the parents had a right to know "which evaluations are to be conducted," and that they had not been told what a "clinical interview" consisted of. "Further," the letter stated, "if this procedure includes tests or other procedures, we are entitled to know what they are prior to giving consent. Therefore, we cannot consent to this evaluation without further clarification." Letter from Bogin to Randolph (May 26, 1992). Bogin ended his letter with a request for clarifications on the issues expressed therein.

At this point, the record becomes unclear as to exactly what communication took place between the parties. Each side claims that lack of cooperation from the other party blocked all efforts to resolve the issue. What is clear is that the Hollands moved for a new due process hearing on July 14, 1992, "to address the failure of DCPS to provide an appropriate special education and Due Process of Law." ¹ Letter from Bogin to Robert Burch, Director of the DCPS Student Hearing Office (July 14, 1992). The record also shows that the second due process hearing did not take place until March 3, 1993. Thus, more than a year after the Hollands' initial request for assessment, and nine months after the deadline established at the first due process hearing had passed, Siobhan still had not been evaluated or placed in a public special education program.

During the nine-month stalemate when Siobhan, for whatever reason, was not evaluated by DCPS, ² the Hollands had their doctor conduct yet another independent psychiatric evaluation of Siobhan. The assessment was done in June, and in July, Bogin forwarded the doctor's recommendations to DCPS. At some point during that summer of 1992, the Hollands enrolled Siobhan, at their own expense, in a private residential special educational program consistent with Siobhan's independent psychological assessments and recommendations.

On March 3, 1993, at the second due process hearing, the Hollands argued that DCPS should be required to reimburse them for the expense of Siobhan's private education. ³ The hearing officer determined that the private placement was, in fact, providing an appropriate education for Siobhan, but nevertheless held that the Hollands should not be reimbursed because they had wrongfully withheld their consent to a DCPS-conducted assessment. Hearing Officer's Determination in the Matter of Siobhan Holland 4 (April 23, 1993) ("Determinatio...