Justin G. v. Board of Educ. of Montgomery County
| Citation | 148 F.Supp.2d 576 |
| Decision Date | 31 May 2001 |
| Docket Number | No. CIV.A. AW-00-2019.,CIV.A. AW-00-2019. |
| Parties | JUSTIN G., a minor, by his parents and next friends, GENE R. and Jacalyn A. G, et al., Plaintiffs, v. BOARD OF EDUCATION OF MONTGOMERY COUNTY and Jerry D. Weast, (Officially as Superintendent Board of Education of Montgomery County), Defendants. |
| Court | United States District Courts. 4th Circuit. United States District Court (Maryland) |
This case arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400 et seq. and corresponding state laws ensuring equal educational opportunities to children with disabilities. This is an appeal from the final decision of the Maryland State Department of Education denying tuition reimbursement to Gene and Jacalyn G., the parents of Justin G., for the 1998-1999 and 1999-2000 school years. Currently pending before the Court is Defendant's Motion for Summary Judgment. The motion has been fully briefed by all parties. No hearing is deemed necessary. See Local Rule 105.6. Upon consideration of the arguments made in support of, and opposition to, the Defendant's motion, the Court makes the following determinations.
The relevant facts have been drawn from the decision of the presiding Administrative Law Judge ("ALJ"). Justin G. is a ten-year-old boy diagnosed with attention deficit-hyperactivity disorder and pervasive developmental disorder (a species of autism). The child's disabilities came to light before he was of school age. There is no dispute that Justin qualifies as a child with disabilities and is covered by the IDEA.
This saga between his parents and the Montgomery County Public School system ("MCPS") began almost five years ago when the parents unilaterally enrolled Justin at the Katherine Thomas School ("KTS") in 1995. The parents subsequently requested reimbursement from MCPS for the private school tuition. MCPS denied the request. Thereafter, for the 1995-96, 1996-97, 1997-98, 1998-1999, and 1999-2000 school years, MCPS has sought to place Justin at programs other than KTS, primarily the School-Based Learning Center ("SBLC") at the Mill Creek Towne Elementary School. The parents rejected any placement other than KTS. Throughout the appeals process and ensuing litigation, the parents have continued to enroll the child at KTS. The present action is limited to the disputes over the 1998-1999 and 1999-2000 school years.
A. The 1998-1999 School Year
For the 1998-1999 school year, the ALJ made the following findings of fact. On March 18, 1997, Mrs. G. wrote a letter to MCPS sufficiently providing notice of the parents' rejection of Justin's public placement at the SBLC in Mill Creek Towne Elementary School and their request for private placement at KTS. In April or May of 1998, the KTS staff, the parents, and Dr. Laura Solomon prepared their own Individualized Educational Program ("IEP") for the 1998-1999 school year. On May 29, 1998, Mr. G. authorized implementation of KTS's IEP. On June 1, 1998, the parents signed an enrollment contract with KTS.
On August 24, 1998, the parents, through their attorney, wrote a letter to MCPS requesting educational services for Justin. Almost a month later, MCPS responded in a letter dated September 21, 1998. The letter scheduled a CARD ("Central Admission, Review and Dismissal") meeting on September 28, 1998.1 The letter also asked to observe the child at Kennedy-Kreiger. Justin never attended this school. Apparently, the reference to Kennedy-Kreiger was a mistake and MCPS intended to request observation at KTS. The parents, through counsel, responded in a letter dated September 25, 1998 requesting that the September 28, 1998 meeting be postponed to allow for MCPS's observation of Justin at KTS and his KTS teachers' participation. Accepting the request, MCPS suggested rescheduling the meeting for either October 13, 1998 or October 19, 1998. In a letter dated October 7, 1998, the parents informed MCPS that they would be available on November 4, 1998. The parties agreed to this date. Thereafter, Dr. Suzanne Speicher, a placement specialist for MCPS, observed Justin at KTS on October 29, 1998.
At the November 4, 1998 meeting, the parents submitted a private speech and language evaluation report. The CARD committee decided to postpone development of the IEP in order to review the report and await completion of educational and occupational therapy assessments. MCPS offered to conduct the assessments. The parents expressed a desire for private assessments. MCPS agreed.
Without developing an interim IEP, MCPS advised the parents, in a letter dated November 13, 1998, to place Justin at the SBLC until the IEP was finalized.2 The parents declined to the invitation and continued the child's placement at KTS. The parties proceeded to gather the information for Justin's IEP. On November 25, 1998, Dr. Solomon prepared an educational evaluation for the child. In January 1999, the parents submitted their private educational assessment. On March 8, 1999, the parents submitted the private occupational therapy assessment. On the same date, for a second time, Dr. Speicher observed Justin at KTS.
Thereafter, MCPS scheduled an IEP meeting for March 24, 1999. Plaintiffs' counsel was not available on that date. In response, MCPS offered alternative dates, scheduled approximately two months later than the March date, May 25, 1999 and June 2, 1999. It was finally agreed that the IEP meeting would be held on June 4, 1999. By that time, the 1998-1999 school year was essentially over. The IEP developed at that meeting recommended Intensity 5 services at the SBLC in Mill Creek Towne Elementary School with zero percent (0%) mainstreaming.3 The IEP also included ninety (90) minutes of speech and language therapy, ninety (90) minutes of occupational therapy, and thirty (30) minutes of counseling. Ultimately, MCPS applied the IEP developed at the June 4, 1999 meeting to the 1999-2000 school year.
The IDEA provides federal funds to assist state and local education authorities in providing equal educational opportunities to children with disabilities. See 20 U.S.C. §§ 1400, et. seq. "[T]he `basic floor of opportunity' provided by the Act consists of access to specialized instruction and related services which are individually designed to provide educational benefits to the handicapped child." Board of Educ. v. Rowley, 458 U.S. 176, 201, 102 S.Ct. 3034, 3048, 73 L.Ed.2d 690 (1982) (hereinafter Rowley) (footnote omitted). The receipt of federal funds requires state and local authorities to comply with extensive procedural requirements. Essential to such compliance is the existence of a state policy that "assures all handicapped children the right to a free appropriate public education ("FAPE")".4 Rowley, 458 U.S. at 179, 102 S.Ct. at 3037(quoting 20 U.S.C. § 1412(1)(1994)). Maryland has enacted laws and regulations designed to meet its obligations under the IDEA. See Md.Code. Ann. § 8-406, et seq., (1999); Md. Regs. Code tit. 13A, § 13A.05.01.16(B)(3)(d) (1999).
A FAPE is provided to a child through an IEP, a specially designed program of instruction for the child. See 20 U.S.C. §§ 1401(a)(19); 1412(a)(4); Board of Educ. of Montgomery County v. Hunter ex rel. Hunter, 84 F.Supp.2d 702, 705 (D.Md. 2000); Fritschle v. Andes, 45 F.Supp.2d 500, 504 (D.Md.1999). The statute contemplates parental participation in the development of the IEP. See 20 U.S.C. § 1401. The IEP must include a statement of the child's annual educational goals, the specific educational services to be provided, and the projected date for initiation and duration of such services. See id. Under the IDEA, district courts are authorized to order reimbursement for special education expenses, including private school tuition, if the parents can prove that the public schools' placement was not providing the child with a FAPE and that the parents' alternative placement was appropriate. See 20 U.S.C. § 1415(e)(2); Florence County Sch. Dist. Four v. Carter, 510 U.S. 7, 14, 114 S.Ct. 361, 366, 126 L.Ed.2d 284 (1993) (hereinafter "Florence"); School Comm. of Town of Burlington v. Mass. Dep't of Educ., 471 U.S. 359, 369-70, 105 S.Ct. 1996, 2002-03, 85 L.Ed.2d 385 (1985) (hereinafter "Burlington").
In reviewing state administrative decisions under the IDEA, the Court must determine (1) if the state or local educational authority complied with the statutory procedures and (2) whether the IEP was reasonably calculated to enable the child to receive educational benefits. See Board of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 3051, 73 L.Ed.2d 690 (1982). In the analysis, courts will examine the records of the administrative proceedings, and hear additional evidence at the request of a party. See 20 U.S.C. § 1415(e)(2). Giving "due weight" to the state administrative proceedings, district courts should make an "independent decision based on a preponderance of the evidence" as to whether the school district provided the child with a FAPE. See Doyle v. Arlington County School Bd., 953 F.2d 100, 103 (4th Cir.1991). The findings of fact in the state administrative decision are considered to be prima facie correct. See id. at 105. In rejecting such findings, the court must explain its departure. See id.
The Court's review of Defendant's Motion for Summary Judgment is also subject to the Federal Rules of Civil Procedure. Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment will be granted when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Haavistola v. Community Fire Co. of Rising Sun, Inc., 6 F.3d 211, 214 (4th Cir.1993); Etefia v. East Baltimore...
To continue reading
Request your trial
-
Stanley v. M.S.D. of S.W. Allen County Schools
...F.3d 1493, 1501 n. 4 (9th Cir.1996) (parent allegedly preventing a doctor from meeting with the student); Justin G. ex rel. Gene R. v. Bd. of Educ., 148 F.Supp.2d 576, 586 (D.Md.2001) (delays by parents); Matthew J. v. Mass. Dept. of Educ., 989 F.Supp. 380, 393 (D.Mass.1998) (parents delaye......
-
L.M.P. ex rel. E.P. v. School Bd.
...First, rejecting E.W.v. School Bd. of Miami-Dade County, 307 F.Supp.2d 1363 (S.D.Fla.2004) and Justin G. ex rel. Gene R. v. Bd. of Educ. of Montgomery County, 148 F.Supp.2d 576 (D.Md.2001), the All interpreted Fla. Admin. Code. R. 6A-6.03311(9)(c) as requiring prior enrollment in public sch......
-
Dall. Indep. Sch. Dist. v. Woody
...by the IDEA,” resulting in “per se harm to the student[.]”) (internal citation omitted); Justin G. ex rel. Gene R. v. Board of Education of Montgomery County , 148 F.Supp.2d 576, 584 (D.Md.2001) (“It is undisputed that no IEP was developed for the 1998-1999 school year. Such a violation goe......
-
Wagner v. Board of Educ., Montgomery County, Md, No. CIV.A.DKC 2002-0763.
...fact-finder, who has the advantage of hearing the witnesses, is in the best position to assess credibility." Justin G. v. Bd. of Educ., 148 F.Supp.2d 576, 588 (D.Md.2001) (quoting Bd. of Educ. of Montgomery County v. Hunter ex rel. Hunter, 84 F.Supp.2d 702, 706 (D.Md.2000)); see Doyle, 953 ......