Aaron P. v. Hawaii

• Decision Date: 17 September 2012
• Docket Number: CIV Nos. 11–00635 ACK–RLP, 11–00711 ACK–RLP.
• Citation: 897 F.Supp.2d 1004
• Parties: AARON P., and Puakielenani P. In their capacity as parents and legal guardians of The Student K., Plaintiff–Appellant, v. State of HAWAII, DEPARTMENT OF EDUCATION, Defendant–Appellee. State of Hawaii, Department of Education, Plaintiff–Appellant, v. Aaron P., and Puakielenani P. In their capacity as parents and legal guardians of The Student K., Defendant–Appellee.
• Court: U.S. District Court — District of Hawaii

897 F.Supp.2d 1004

AARON P., and Puakielenani P. In their capacity as parents and legal guardians of The Student K., Plaintiff–Appellant,

v.State of HAWAII, DEPARTMENT OF EDUCATION, Defendant–Appellee.

State of Hawaii, Department of Education, Plaintiff–Appellant,

v.Aaron P., and Puakielenani P. In their capacity as parents and legal guardians of The Student K., Defendant–Appellee.

CIV Nos. 11–00635 ACK–RLP, 11–00711 ACK–RLP.

United States District Court,

D. Hawai‘i.

Sept. 17, 2012.

Jerel D. Fonseca, Rodney K.F. Ching, Fonseca & Ching, Karen J. Lee, Attorney at Law, Magali Sunderland, Magali V. Sunderland AAL ALC, Honolulu, HI, for Plaintiff–Appellant.

Kris S. Murakami, Honolulu, HI, for Defendant–Appellee.

ORDER DENYING PARENTS' SECOND MOTION FOR SUMMARY JUDGMENT AND AFFIRMING IN PART AND REMANDING IN PART THE ADMINISTRATIVE DECISION

ALAN C. KAY, Senior District Judge.

BACKGROUND

I. Legal Background

The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400, et seq., was enacted by Congress to, among other things, “ensure that all children with disabilities have available to them a free appropriate public education [ (“FAPE”) ] that emphasizes special education and related services designed to meet their unique needs ... [and] to ensure that the rights of children with disabilities and parents of such children are protected.” 20 U.S.C. § 1400(d)(1)(A) & (B). The IDEA provides federal money to state and local education agencies to assist them in educating disabled children, on the condition that the state and local agencies implement the substantive and procedural requirements of the IDEA. See R.P. v. Prescott Unified Sch. Dist., 631 F.3d 1117, 1121 (9th Cir.2011).

Under the IDEA, state and local education agencies are required to identify children with disabilities and develop annual Individual Education Programs (“IEPs”) for every child. 20 U.S.C. § 1414. An IEP is a comprehensive document developed by a team of parents, teachers, and other school administrators setting out the goals for the child, and the special education and related services that are necessary to reach those goals. Id. § 1414(d). The IDEA also provides procedural safeguards to help ensure that the child receives a FAPE, including an opportunity for due process hearings for complaints alleging any violation of the IDEA. K.D. v. Dep't of Educ., Hawaii, 665 F.3d 1110, 1114 (9th Cir.2011). During the pendency of any proceedings conducted pursuant to the IDEA, the child is entitled to remain at her “then-current educational placement.” 20 U.S.C. § 1415(j).

II. Procedural Background

K. (“Student”) is a student who is eligible for special education under the IDEA. Acting on her behalf, her parents, Aaron P. and Puakielenani P. (“Mother”) (collectively, “Parents”),¹ on July 15, 2010, and December 15, 2010, filed Requests for Impartial Due Process Hearings challenging the sufficiency of Student's IEPs formed on September 17, 2009, and August 27, 2010. Administrative Record on Appeal (“Admin. Rec.”), at 1–16, 41–49. The administrative hearings officer (“Hearings Officer”) consolidated the two cases, DOE SY1011–005 and DOE–SY1011–084. Id. at 70–72.

On September 20, 2011, the Hearings Officer issued a decision concluding that Student had been denied a FAPE because the September 17, 2009 IEP did not offer an appropriate program and placement and the August 27, 2010 IEP did not offer an appropriate placement. Id. at 343–81 (“Admin. Dec.”).² The Hearings Officer further concluded that Student's current private placement, the Pacific Autism Center (“PAC”), is an appropriate placement. Admin. Dec. 37. The Hearings Officer deemed Parents prevailing parties and granted Parents “reimbursement for the costs of continued placement at the current private placement, including transportation and other related services, for the periods of August 3, 2009 to June 30, 2010, and December 6, 2010 to present [ (September 20, 2011) ].” Id. at 39. The Hearings Officer denied Parents' requests for reimbursement for private evaluations and compensatory education. Id.

On October 20, 2011, Parents filed an appeal in this Court requesting attorneys' fees and challenging numerous findings of fact, the failure of the Hearings Officer to address their claim that the DOE failed to implement Student's August 27, 2010 IEP, and the denial of reimbursement for evaluations and compensatory education. Doc. No. 1 (“Parents' Compl.”).

Also on October 20, 2011, the Hawaii Department of Education (the “DOE”) filed an appeal in state court. See Doc. No. 10–1 (“DOE's Compl.”). The DOE seeks a finding that it provided a FAPE to Student, reversal of the Administrative Decision, attorneys' fees, a denial of Parents' request for attorneys' fees, and such further relief as may be just and equitable under the circumstances. Id. Prayer for Relief. Parents removed the DOE's appeal to this Court on November 20, 2011. Doc. No. 10. On February 6, 2012, the Court consolidated these two appeals. Doc. No. 22.

On June 8, 2012, Parents filed an opening brief (“Parents' Opening Br.”). Doc. No. 69. On June 12, 2012, the DOE filed an opening brief (“DOE's Opening Br.”). Doc. No. 73. On July 10, 2012, Parents filed an answering brief to the DOE's opening brief (“Parents' Answering Br.”), Doc. No. 80, and the DOE filed an answering brief to Parents' opening brief (“DOE's Answering Br.”). Doc. No. 79. On July 24, 2012, Parents filed an optional reply brief to DOE's Answering Brief (“Parents' Reply”). Doc. No. 94.

Meanwhile, on March 9, 2012, Parents filed a Motion for Partial Summary Judgment seeking an order enforcing stay put payments and for summary adjudication that PAC did not charge unreasonable fees. Doc. No. 31. On March 27, 2012, and April 17, 2012, the Court granted Parents' motions to supplement the record on appeal to add evidence related to their stay put claim. Doc. Nos. 53 & 63. On May 4, 2012, the Court granted Parents' Motion for Partial Summary. Doc. No. 67 (“Stay Put Order”). The Court held that PAC is Student's “then-current educational placement,” within the meaning of the IDEA's stay put provision, 20 U.S.C. § 1415(j), and that Student is entitled to stay put relief. See Stay Put Order at 28. Parents asked the Court to “summarily adjudicate that portion of the 9/20/2011 HOD which correctly refrained from finding PAC fees ‘unreasonable.’ ” Doc. No. 58, at 6. The DOE did not oppose this request and therefore the Court concluded that the DOE has waived any argument that PAC's fees are unreasonable. See Stay Put Order at 28.

Specifically, the Court concluded:

[T]he DOE's obligation to pay for Student's PAC costs began when the placement became bilateral on September 20, 2011—the date of the Hearing Officer's decision. The DOE is responsible for Student's PAC costs and fees, including late fees, from September 20, 2011, until the conclusion of the instant proceedings.

The DOE is directed to reimburse Parents for any tuition they paid for this time period and to pay the balance of the amount owed to PAC directly.Id. at 29 (internal citation omitted). The Court ordered that the DOE meet its obligations for bills incurred up to the date of its Order (May 4, 2012) by May 31, 2012, “provided that the DOE must pay Student's June tuition by PAC's due date.” Id. at 30.

On July 10, 2012, Parents filed a Second Motion for Partial Summary Judgment (“Parents' Sec. MSJ”), accompanied by a supporting memorandum (“Parents' Sec. MSJ Mem.”) and concise statement of facts (“Parents' CSF”). Doc. Nos. 81 & 82. In this motion, Parents seek to amend the record on appeal to add evidence related to the DOE's alleged noncompliance with the Court's Stay Put Order, a declaration that the DOE has not complied with all of its stay put obligations, an order enforcing the DOE's stay put obligations, and a declaration that the DOE's post-Stay Put Order actions and inactions separately denied Student a FAPE. Parents' Sec. MSJ 2–6. The evidence Parents seek to add to the record is Exhibits A–X to Parents' Second Motion for Partial Summary Judgment. See Doc. Nos. 82–92.

The DOE filed an opposition to Parents' Second Motion for Summary Judgment on August 22, 2012 (“DOE's Opp' n to Sec. MSJ”), and a reply to Parents' CSF (“DOE's CSF”). Doc. Nos. 96 & 97. On August 29, 2012, Parents filed a reply. Doc. No. 98.

On September 12, 2012, the Court held a hearing on the parties' administrative appeals and on Parents' Second Motion for Partial Summary Judgment.

III. Factual Background³

Student is a seven-year-old child who is eligible for special education under the IDEA. In July 2009, Mother and Student moved from Maui to Oahu, where Student's home school is Ahuimanu Elementary School (the “home school” or “Ahuimanu”). Admin. Dec. 4. Student's last Maui IEP was developed on July 17, 2009 IEP (the “July 2009 Maui IEP”). Id. at 4. The July 2009 Maui IEP offered student numerous supplemental aids and services including paraprofessional support for 34.25 hours per week, autism consultation services for 240 minutes per month, and behavioral analyst support for 20 hours per month. Id. It stated, “Due to [Student's] global developmental delays ... an intensive program in the areas of functional communication, physical and emotional regulation, social interaction, self help/daily living skills, cognitive/pre-academic skills, fine motor skills is needed.” Id. This IEP was never implemented, however, due to Student's move to Oahu. Id.

Student's IEP team met at the current home school, Ahuimanu, on August 27, 2009 to determine Student's eligibility under the IDEA and on September 17, 2009, to develop an IEP for Student at the home school. The IEP developed at this meeting (“the September 17, 2009 IEP”) provided for special education services for the entire school day, direct speech-language therapy services of 540 minutes a quarter, direct occupation therapy services of 270 minutes a quarter, 1:1 instructional support...