Banwart v. Cedar Falls Cmty. Sch. Dist.
Decision Date | 24 September 2020 |
Docket Number | No. C18-2074-LTS,C18-2074-LTS |
Citation | 489 F.Supp.3d 846 |
Parties | Christy BANWART and Lance Banwart, Plaintiffs, v. CEDAR FALLS COMMUNITY SCHOOL DISTRICT and Area Education Agency 267, Defendants. |
Court | U.S. District Court — Northern District of Iowa |
TABLE OF CONTENTS
I. INTRODUCTION ...850
II. APPLICABLE STANDARDS ...850
III. THE R & R ...851
IV. DISCUSSION ...859
V. CONCLUSION ...871
I. INTRODUCTION
This case is before me on a Report & Recommendation (R&R) filed by United States Magistrate Judge Mark A. Roberts. Doc. No. 41. Judge Roberts recommends that I affirm the dismissal by an Iowa Administrative Law Judge (ALJ) of Christy Banwart's and Lance Banwart's action under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400, et seq. The Banwarts have filed objections to the R&R, as have defendants Cedar Falls Community School District and Area Education Agency 267. Doc. Nos. 43, 44. Defendants have filed a response (Doc. No. 45) to the Banwarts’ objections.
II. APPLICABLE STANDARDS
Under the IDEA, parents may file a due process complaint to challenge "the identification, evaluation, or educational placement of [their] child, or the provision of a free appropriate public education to such child." 20 U.S.C. § 1415(b)(6)(A). Complaints are resolved by a due process hearing conducted by the state or local educational agency or, if desired by the interested parties, voluntary mediation. Id. § 1415(e) – (f). When no procedural violations are alleged, the purpose of the due process hearing is to determine whether the child received a free appropriate public education (FAPE). Id. § 1415(f)(3)(E)(i). The burden of proof falls on the party seeking relief. Sneitzer v. Iowa Dep't of Educ. , 796 F.3d 942, 948 (8th Cir. 2015).
A party may seek review of the administrative proceedings by bringing a civil action in state or federal court. Id. § 1415(g), (i)(2). A federal district court reviewing an agency decision under the IDEA must conduct a de novo review to determine whether the aggrieved party is entitled to relief based on a preponderance of the evidence. Id. § 1415(i)(2)(C)(iii) ; I.Z.M. v. Rosemount-Apple Valley-Eagan Pub. Sch. , 863 F.3d 966, 970 (8th Cir. 2017). However, the court must give " ‘due weight’ to the outcome of the administrative proceedings." Id. (quoting T.F. v. Special Sch. Dist. of St. Louis Cty. , 449 F.3d 816, 818 (8th Cir. 2006) ).
A district judge must review a magistrate judge's R&R under the following standards:
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.
28 U.S.C. § 636(b)(1) ; see also Fed. R. Civ. P. 72(b). Thus, when a party objects to any portion of an R&R, the district judge must undertake a de novo review of that portion.
Any portions of an R&R to which no objections have been made must be reviewed under at least a "clearly erroneous" standard. See, e.g., Grinder v. Gammon , 73 F.3d 793, 795 (8th Cir. 1996) ( ). As the Supreme Court has explained, "[a] finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Anderson v. City of Bessemer City , 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (quoting United States v. U.S. Gypsum Co. , 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948) ). However, a district judge may elect to review an R&R under a more-exacting standard even if no objections are filed:
Any party that desires plenary consideration by the Article III judge of any issue need only ask. Moreover, while the statute does not require the judge to review an issue de novo if no objections are filed, it does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.
Thomas v. Arn , 474 U.S. 140, 150, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).
III. THE R&R
Relying on the ALJ's findings, Judge Roberts provided a comprehensive account of the facts in this case. Based on my de novo review, I find that Judge Roberts’ statement of the facts is supported by the record and therefore adopt it. The following facts are undisputed unless otherwise noted:
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