Ind. School Dist. 12 v. Mn. Dept. of Educ., No. A08-1600.

• Decision Date: 23 June 2009
• Docket Number: No. A08-1600.
• Citation: 767 N.W.2d 478
• Parties: INDEPENDENT SCHOOL DISTRICT NO. 12, CENTENNIAL, Relator, v. MINNESOTA DEPARTMENT OF EDUCATION, Respondent.
• Court: Minnesota Court of Appeals

767 N.W.2d 478

INDEPENDENT SCHOOL DISTRICT NO. 12, CENTENNIAL, Relator, v. MINNESOTA DEPARTMENT OF EDUCATION, Respondent.

No. A08-1600.

Court of Appeals of Minnesota.

June 23, 2009.

Paul C. Ratwik, Nancy E. Blumstein, Erin E. Ische, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for relator.

Lori Swanson, Attorney General, Martha J. Casserly, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by STAUBER, Presiding Judge; MINGE, Judge; and LARKIN, Judge.

OPINION

MINGE, Judge.

This case involves a fifth-grader, her parents, the administration of the school district, and the Minnesota Department of Education (MDE). The child has a disability and participates in special education. This appears simple. However, because special education is set up and governed by detailed legislation and regulations, special education programs involve numerous complexities and acronyms. Relator, Independent School District No. 12 (the district), appeals a decision issued by respondent MDE. The decision was in response to a complaint by the child's parents pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1482 (2006). Relator asserts that, in ruling on the parents' complaint, MDE erred in concluding that (1) it (the school district) violated IDEA by failing to list in the child's individualized education program (IEP) supplementary aids and services needed by the child to participate in extracurricular and other nonacademic activities that the parents had selected for her; (2) the parents could utilize IDEA complaint procedures when the district failed to address those supplementary aids and services in the IEP; and (3) the district was responsible for providing supplementary aids or services for the child at a fifth-grade graduation party sponsored by a parent-teacher organization (PTO). We affirm in part and reverse in part.

FACTS

In January 2008, the district conducted a required three-year reevaluation of the child. As a part of this reevaluation, the district discussed with the parents proposed accommodations¹ for the student in her classes and otherwise. Necessary accommodations were to be incorporated in the child's new 2008-09 IEP. On February 7, in advance of a meeting of the IEP team, the parents proposed accommodations for their daughter's participation in extracurricular activities. The proposed accommodations included special supervision after the regular school day and allowing their daughter to miss some practices or games. At that time, the parents did not identify, and the proposed accommodations did not relate to, any particular extracurricular activity.

On February 29, 2008, an IEP meeting was held. There is a factual dispute over what happened at that meeting incident to the parents' requested accommodations for extracurricular activities. The district contends that the parents and the district agreed that, because the child had not signed up for any specific activities, no accommodations had to be included in the 2008-09 IEP. The district adds that it was agreed that, if the child decided to participate in a specific activity, she had a right to equal treatment under section 504 of the Rehabilitation Act of 1973,² that the parents could require that the district prepare a plan for equal treatment under section 504 (instead of in the IEP), and that the district would comply with its obligations under a section 504 plan. The parents assert, and MDE found, that at the February 29 IEP meeting and at a subsequent IEP meeting held in March, district staff insisted that extracurricular activities could be addressed only in a section 504 plan and refused to discuss accommodations related to these activities. No accommodations for extracurricular activities were included in the proposed IEP for 2008-09.

After the March 2008 meeting, the parents objected in writing to the proposed IEP. They also requested more information about "extracurricular/non-academic accommodations"; that "supervision at clubs ... [be] written into [their daughter's] IEP"; and that the IEP include some consideration of "nonacademic (Band)" activities; and they stated their position that the IEP team was legally required to consider extracurricular activities. In April 2008, the parents and district staff met to discuss extracurricular activities. The parents explained that they wanted to explore having their daughter participate in after-school clubs and volleyball. The district admits that, at that April meeting, the parents and district staff discussed a "specific [extracurricular] activity occurring in the fall of 2008," and what accommodations would be necessary for the child to participate in that activity. However, the district claims that the meeting had nothing to do with the child's "IEP or general education regular school day services" but was merely held to "determine eligibility for [section] 504 accommodations."

In May 2008, the parents met with district staff to discuss possible accommodations consisting of supplementary aids and services that could be furnished by the district at a fifth-grade graduation party sponsored by the PTO. The district determined that, because the PTO was a separate organization from the district and because the event was held offsite and outside the school day and was not district-funded, the district was not responsible for and would not provide supplementary aids or services for the child's attendance at the event.

The parents filed a complaint with MDE, the agency responsible for overseeing compliance with the IDEA in Minnesota. On July 15, 2008, MDE issued its decision, determining, as relevant to this appeal, that (a) the district violated IDEA regulations by failing to document in the IEP the accommodations necessary for the child to participate in extracurricular or other nonacademic activities, including the graduation party; and (b) the district failed to provide prior written notice concerning its refusal regarding accommodations. MDE ordered the district to implement the following corrective action: (1) convene the child's IEP team "to discuss supplementary aids and services the [s]tudent may need in the extracurricular and other nonacademic activities [her parents] have selected for her"; (2) document these accommodations in a revised IEP; and (3) develop a district-wide policy and inform staff and parents that the IEP team is required by law to document accommodations to enable children to participate in extracurricular and other nonacademic activities. This certiorari appeal followed.

ISSUES

I. Did MDE err by requiring the district to include in the child's IEP accommodations necessary for the child to participate in selected extracurricular and nonacademic activities?

II. Did MDE err by concluding that the procedural requirements of IDEA were applicable to a complaint alleging the failure to include in an IEP accommodations for extracurricular and nonacademic activities required by IDEA?

III. Did MDE err by concluding that the PTO-sponsored graduation party was an activity subject to the accommodation requirements of IDEA?

ANALYSIS

The Minnesota Constitution charges the legislature with the responsibility of establishing a uniform system of public schools. Minn. Const. art. XIII, § 1. Minnesota Statutes chapters 119A-127A address school finance, attendance, curriculum, school calendar, teachers, student conduct and rights, special education, and related subjects. Minnesota requires school districts to provide special education instruction and services for children with disabilities. Minn.Stat. § 125A.03(a) (2008). Generally, the state statutes governing special education refer to federal law. Id.; Minn.Stat. §§ 125.05(a), 125.08(a)(4) (2008). Because the parties do not assert any independent state-law basis for deciding the issues on appeal, we do not further consider Minnesota law.

IDEA ensures "that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living." 20 U.S.C. § 1400(d)(1)(A); see also Special Sch. Dist. No. 1 v. E.N., 620 N.W.2d 65, 68-69 (Minn.App.2000). The phrase "free appropriate public education" is often referred to by the acronym FAPE and expresses a fundamental principle of special-education law. IDEA defines FAPE to mean special education and related services that

(A) have been provided at public expense, under public supervision and direction, and without charge;

(B) meet the standards of the State educational agency;

(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and

(D) are provided in conformity with the individualized education program [IEP] required under [20 U.S.C. § 1414(d).]

20 U.S.C. § 1401(9).

MDE is the state agency in Minnesota responsible for overseeing local school district compliance with IDEA. 20 U.S.C. § 1412(a)(11); Minn.Stat. § 120A.02(b) (2008). As part of its duties, MDE investigates complaints that a local school district is not providing required services to children with disabilities. 34 C.F.R. §§ 300.151-.153 (2008). If MDE finds that a local school district violated special education requirements, it must order the district to remedy the denial of those services, including "corrective action appropriate to address the needs of the child." 34 C.F.R. § 300.151(b)(1).

We observe a narrow scope of review in considering an appeal from an agency decision.

When reviewing agency decisions we adhere to the fundamental concept that decisions of administrative agencies enjoy a presumption of correctness, and deference should be shown by courts to the agencies' expertise and their special knowledge in the field of their technical training, education, and experience.

In re Excess Surplus Status of Blue...