Ostby v. Oxnard Union High
| Decision Date | 11 June 2002 |
| Docket Number | No. CV01-8372AHMVBKX.,CV01-8372AHMVBKX. |
| Citation | 209 F.Supp.2d 1035 |
| Court | U.S. District Court — Central District of California |
| Parties | Elise OSTBY, et al., Plaintiffs, v. OXNARD UNION HIGH, et al., Defendants. |
Patrick S. Smith, Patrick S. Smith Law Offices, Burbank, CA, Thomas Edward Beltran, Margaret S. Oppel, Beltran Beltran Smith & Oppel, Burbank, CA, for plaintiffs.
Cynthia A. Yount, John E. Hayashida, Parker & Covert, Tustin, CA, for Oxnard Union High, defendant.
Linda Randlett Kollar, Lil G. Delcampo, Hooper Lundy & Bookman, Los Angeles, CA, for Ventura County Behavioral Health, defendant.
ORDER DENYING DEFENDANT'S MOTION TO DISMISS
This case involves solely a claim for attorney's fees and costs under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400, et seq. Defendant Oxnard Union High has moved for judgment on the pleadings. Having considered the papers submitted and the file in the case, the Court has determined that this matter is suitable for submission to the Court without oral argument. See Local Rule 7-15; Fed.R.Civ.P. 78. For the reasons stated herein, Defendant's motion is DENIED.
On September 27, 2001, Plaintiffs filed a complaint for award of attorney's fees and costs. The following facts are alleged in the complaint, and are taken as true for purposes of this motion. McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir.1988).
In September 1997, Elise Ostby enrolled in Rio Mesa High School in the Oxnard Union High School District ("District"). Complaint ¶ 10. She had several different handicaps, including learning disabilities, speech and language problems possibly resulting from Asberger's Syndrome (a form of Autism) and serious emotional disturbance. Complaint ¶ 9. She had been enrolled in special education since the fifth grade. Id. Elise experienced extreme difficulties in school both academically and behaviorally because of her handicaps. Complaint ¶ 10.
On December 10, 1997, Elise's parents, Norman and Shirley Ostby, attended a meeting with representatives of the District to discuss creating or modifying Elise's Individualized Education Program ("IEP").1 Complaint ¶ 11. Under the IDEA, educational programs for handicapped children are designed and implemented through an IEP, which contains statements of the disabling conditions that qualify the child for special education services, annual goals and short-term objectives, and the child's special education placement. Complaint ¶ 7. Elise's behavioral and emotional problems were getting worse, but the District representatives were unwilling to modify her IEP. Complaint ¶ 11.
On December 27, 1997, Elise was admitted to a psychiatric hospital. Complaint ¶ 12. On January 5, 1998, Elise's parents requested a full assessment of Elise's eligibility for special education and a referral to Ventura County Behavioral Health ("VCBH"), which under California law shares interagency responsibility for providing mental health services to emotionally disturbed children. Complaint ¶ 13. (The Court assumes that Elise's parents made this request to the District, but the complaint does not so specify.) Elise's parents also requested that the IEP designate Elise as a student with serious emotional disturbance. Id.
In January 1998, Elise's parents retained attorney Thomas E. Beltran to assist them in obtaining a free and appropriate education ("FAPE") for Elise. Complaint ¶ 14. Mr. Beltran brought on Margaret S. Oppel as co-counsel. Id. Mr. Beltran and Ms. Oppel reviewed the files, consulted with psychologists, prepared for the filing of a request for Due Process Hearing, negotiated with the District and represented the Ostbys at IEP meetings between April and June 1998. Id.
Between January and June 1998, Elise was hospitalized several times. Her treating psychiatrist recommended that she be placed in a residential treatment program. Instead, the District provided her with schooling and mental health services through a local mental health support program and a special day class for students with serious emotional programs. These programs were not successful. Complaint ¶ 15. At this point, the Ostbys unilaterally decided to place Elise at Provo Canyon School, and paid for her tuition and transportation costs themselves. Complaint ¶ 16.
On August 9, 1998, Mr. Beltran and Ms. Oppel filed a formal request for a Due Process Hearing under 20 U.S.C. § 1415(f). Complaint ¶ 17. The Ostbys sought prospective payment by the District for Elise's placement at Provo Canyon School, retroactive payment for the costs of her attendance there since June 1998, payment for the costs of their travel to and from the school, including the costs of their originally locating and visiting the school and continued payment for their transportation to visit her and to bring her home for periodic visits. Id.
A Due Process Hearing was scheduled for October 29 and 30, 1998, pursuant to the IDEA, 20 U.S.C. § 1415(f). Complaint ¶ 18. A mediation was scheduled for September 28, 1998, pursuant to the IDEA, 20 U.S.C. § 1415(e). At the mediation, the Ostbys and the District entered into a Final Mediation Agreement ("Agreement") under which the District agreed to pay for the retroactive and prospective costs of Elise's placement at the Provo Canyon School, including the costs of travel to and from the school for initial placement and visitation. VCBH agreed to pay the established mental health rate for Provo Canyon school and to authorize Social Services to pay for Elise's room and board there from June 29, 1998 onward. Complaint ¶ 20. The Agreement was in writing, was signed by the parties and by the mediation officer assigned to the case and was filed with the Special Education Hearing Office. Id.
The parties agreed that the issue of attorney's fees was not resolved, and that the Ostbys would submit to the District an itemized statement of attorney's fees and costs. Id. The District agreed to respond to the Ostbys' itemized statement within twenty days after receiving it. Id. The Ostbys soon provided the District with an invoice for attorney's fees and costs in the amount of $39,418.09. The District responded with an offer to pay approximately $15,000. Complaint ¶ 21.
Apparently, the Ostbys did not accept the District's offer. On September 27, 2001, the Ostbys filed suit for attorney's fees and costs under the IDEA. The District now moves for judgment on the pleadings on the grounds that: (1) the Ostbys are not entitled to fees because they are not "prevailing parties" within the meaning of the attorney's fees provision of the IDEA; and (2) the Ostbys' suit is barred by the statute of limitations. The Court concludes that neither of these arguments has merit, and accordingly DENIES Defendant's motion.
After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. Fed.R.Civ.P. 12(c). A judgment on the pleadings is appropriate when, even if all the allegations in the complaint are true, the moving party is entitled to judgment as a matter of law. Westlands Water District v. Firebaugh Canal, 10 F.3d 667, 670 (9th Cir.1993). When determining a motion for judgment on the pleadings, the Court should assume the allegations in the Complaint to be true and construe them in the light most favorable to the plaintiff, and the movant must clearly establish that no material issue of fact remains to be resolved. McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir.1988). However, "conclusory allegations without more are insufficient to defeat a motion [for judgment on the pleadings]." Id.
The IDEA seeks to "ensure 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 employment and independent living." 20 U.S.C. § 1400(d)(1)(A). The Johnson v. District of Columbia, 190 F.Supp.2d 34, 39-40 (D.D.C.2002) (citing 20 U.S.C. §§ 1414(f), 1415(b)(1)).
Id. (citing § 1415(b)(6)). "Parents who file such complaints are entitled to an `impartial due process hearing.'" Id. (quoting 20 U.S.C. §§ 1415(f)(1)). At the due process hearing, the IDEA guarantees parents the right to be "accompanied and advised by counsel", as well as "the right to present evidence and confront, cross-examine, and compel the attendance of witnesses." Id. (citing 20 U.S.C. § 1415(h)). "Parents `aggrieved by' a hearing officer's findings and decision may bring a civil action in either state or federal court without regard to the amount in controversy." Id. (quoting 20 U.S.C. § 1415(i)(2)). "Furthermore [the] IDEA provides for attorney's fees: `In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party.'" Id. (quoting 20 U.S.C. § 1415(i)(3)(B)).
The District argues that after the Supreme Court's decision in Buckhannon Bd. & Care Home, Inc. v. West Virginia Dep't of Health and Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), the Ostbys are not the "prevailing party" within the meaning of...
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