Independent Sch. Dist. v. Dept. of Educ., No. A07-1.
| Decision Date | 08 January 2008 |
| Docket Number | No. A07-1. |
| Citation | 743 N.W.2d 315 |
| Parties | INDEPENDENT SCHOOL DISTRICT NO. 281, Robbinsdale, Minnesota, Relator, v. MINNESOTA DEPARTMENT OF EDUCATION, Respondent. |
| Court | Minnesota Court of Appeals |
Stephen M. Knutson, Peter A. Martin, Knutson, Flynn & Deans, P.A., Mendota Heights, MN, for relator.
Lori Swanson, Attorney General, Martha J. Casserly, Assistant Attorney General, St. Paul, MN, for respondent.
Considered and decided by KLAPHAKE, Presiding Judge; SHUMAKER, Judge; and WORKE, Judge.
Relator Independent School District No. 281 appeals from an order by respondent the MDE, which concluded that the district violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.F.R. § 300.309 (2006) by its policy of unilaterally limiting the special instruction and services, particularly extended school year (ESY) services, it made available to all disabled, nonpublic-school students in the district. The MDE's order required the district to take the following corrective action: (1) prepare, and provide to the MDE for preapproval, a memorandum regarding the rights of nonpublic students residing in the district to a free appropriate public education (FAPE) and addressing the rights to special education and related services, including ESY, which would then be distributed to specified school personnel and (2) provide parents of all disabled, nonpublic-school students in the district with a redacted copy of the complaint decision and a letter, to be preapproved by MDE, explaining their "right to request an [individualized educational program (IEP)] meeting to discuss special education services including ESY and any necessary compensatory education."
On appeal, the district seeks reversal of the MDE's decision on several grounds, contending that (1) the MDE lacked authority to review the district's provision of ESY services for all nonpublic-school students with disabilities in the district, because the MDE's investigation arose from a complaint from one child's parent; (2) the MDE erroneously interpreted Minnesota law when it determined that the district had violated Minn.Stat. §§ 125A.03 and 125A.18 by its policy of unilaterally limiting the special instruction and services, particularly ESY services, to disabled, nonpublic-school students residing in the district; (3) Minn.Stat. § 125A.18 does not apply to the complainant's child, because it only applies to students who attend classes part time in the school district and during the regular school day; (4) the MDE lacked authority to address violations based solely on state law; (5) the MDE's decision is arbitrary, capricious, and not grounded in substantial evidence because the record does not indicate that any parents of private-school students, other than complainant, sought ESY services from the district; and (6) the MDE's decision was untimely.
During the 2005-06 school year, the complainant's child attended third grade at a nonpublic school in the district, where the student was voluntarily enrolled. In February 2006, the district determined that the student met state eligibility criteria in the area of "other health disabilities" and needed special education and related services. Accordingly, the district prepared an IEP, describing the special education services the student would receive. The goals of the student's IEP were to increase math and organizational skills by providing for 30 minutes per week of direct math instruction, 10 minutes per week of indirect math services, 20 minutes per week of indirect occupational therapy, and 10 minutes per week of indirect organization skills service at a public school in the district. The student's IEP indicated that ESY services were not required.
In May 2006, the complainant asked the district to determine if the child was eligible for ESY services during the summer of 2006. In a May 22, 2006 email, the district's special-education director denied the complainant's request, explaining that (1) "[i]n the case of students that attend private or non-public schools we do not provide summer services for students with disabilities because our obligation for service is met by the commitment of resources during the school year" and (2) "[s]tudents attending private schools do not have an individual right to special education services."
Ultimately, the district agreed to provide some ESY services, specifically 60 minutes of math for four weeks. The district contends that the complainant agreed to these services and declined additional ESY services; but, the complainant claims that this was all the district would provide. The complainant contracted with a private school for additional summer services.
In a complaint filed July 21, 2006 with the MDE, the student's parent asserts that the district failed to provide appropriate ESY services to the student and violated federal and state law by denying ESY services to disabled, nonpublic-school students residing in the district. As a remedy, the complainant requested that the district reimburse her for tuition from the private school instruction the student received during the summer of 2006. In response, the district claimed that the complainant had agreed that the ESY services were sufficient, the student had completed the ESY program successfully, and that none of the other 17 special-education students enrolled in nonpublic schools during the 2005-06 school year requested or received ESY services.
In its November 3, 2006 decision, the MDE concluded that the district's policy of unilaterally limiting the special instruction and services, particularly ESY services, violated Minn.Stat. §§ 125A.03 and 125A.18 (2006) and 34 C.F.R. § 300.309 (2006). The MDE determined, however, that the district had provided appropriate ESY services to the student during the 2006 summer, even though it had misunderstood nonpublic-school students' rights to a FAPE. Thus, the district was not ordered to reimburse complainant for the tuition expenses.
The MDE's decision ordered other corrective action. In so ruling, the MDE noted that the district contended that no other disabled, nonpublic-school students who received ESY services during the 2005-06 school year and no parents, other than the complainant, had sought ESY services. But the MDE surmised that this "lack of requests [was] likely due to the District's stated position on ESY for non-public students and not a lack of interest." Consequently, as corrective action, the MDE ordered the district to prepare a memorandum, which was to be disseminated to specified personnel, regarding the FAPE rights of nonpublic-school students residing in the district and addressing their rights to special education and related services, including ESY services. The district was also ordered to provide parents of all disabled, nonpublic-school students in the district with a redacted copy of the complaint decision and a letter, which was also subject to the MDE's preapproval, explaining the parents' "right to request an IEP meeting to discuss special education services including ESY and any necessary compensatory education." This appeal followed.
I. Does the MDE have authority to investigate the district's provision of ESY services for all nonpublic-school students with disabilities in the district and order corrective action, based on a complaint only from one student's parent?
II. Does Minnesota law require school districts to provide special instruction and services to students with disabilities attending nonpublic schools?
III. Does Minn.Stat. § 125A.18 (2006) apply if the student is not attending classes part time in the school district during the regular day?
IV. Does the MDE have authority to address violations based solely on state law?
V. Was the MDE's investigation and decision arbitrary, capricious, and not grounded in substantial evidence, where the MDE ordered corrective action, despite the lack of indication in the record that any parents of nonpublic-school students, other than complainant, sought ESY services from the district?
VI. Was the MDE's decision arbitrary, capricious, and not grounded in substantial evidence, because it was untimely?
The scope of review on appeal from an agency decision is narrow. "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 Cross & Blue Shield of Minn., 624 N.W.2d 264, 278 (Minn.2001) (quotation omitted). "The decision of an administrative agency will not be reversed unless it reflects an error of law, the determinations are arbitrary and capricious, or the findings are unsupported by the evidence." Special Sch. Dist. No. 1 v. E.N., 620 N.W.2d 65, 68 (Minn.App. 2000) (quotation omitted).
The district argues that the MDE lacks authority to review its provision of ESY services for all disabled, nonpublic-school students in the district, because the MDE's investigation arose from a complaint from only one student's parent. We disagree and conclude that the MDE has the general authority and responsibility to investigate the legality of the district's policies and, when necessary, to order corrective action to address the provision of appropriate services to children with disabilities in the future.
One purpose of the IDEA is "to ensure that all children with disabilities have available to them a [FAPE] 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) (Supp.V.2005).1 The IDEA defines "FAPE" as meaning
special education and related services that—
(A) have been provided at public expense, under public supervision and...
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