Peter v. Johnson
| Decision Date | 26 March 1997 |
| Docket Number | Civil No. 4-96-642(DSD/JMM). |
| Citation | 958 F.Supp. 1383 |
| Parties | Joan PETER; Sarah Peter, a minor, by and through her parent and natural guardian Joan Peter; Krista Westendorp; Douglas Westendorp; Aaron Westendorp, a minor, by and through his parents and natural guardians Krista Westendorp and Douglas Westendorp; and Choice In Education Foundation, Inc., Plaintiffs, v. Bruce H. JOHNSON, Commissioner, Minnesota Department of Children, Families and Learning; Arne H. Carlson, Governor, State of Minnesota; Independent School District No. 877 (Buffalo, Minnesota); and Independent School District No. 273 (Edina, Minnesota), Defendants. |
| Court | U.S. District Court — District of Minnesota |
Daniel L. Bowles, C. Eric Hawes, Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, for Joan Peter.
Daniel L. Bowles, C. Eric Hawes, Larkin, Hoffman, Daly & Lindgren, Bloomington, MN and Michael S. Paulsen, University of Minnesota Law Center, Minneapolis, MN, for Sarah Peter, Krista Westendorp, Douglas Westendorp, Aaron Westendorp, Choice in Educ. Foundation, Inc.
Lynn A. Zentner, U.S. Attorney Office, Minneapolis, MN, Janis C. Kestenbaum, Theodore C. Hirt, U.S. Dept. of Justice, Washington, D.C., for U.S.
Steven Liss, Rachel Kaplan, Minn. Atty. Gen., St. Paul, MN, for Bruce H. Johnson and Arne H. Carlson.
Paul C. Ratwik, Nancy E. Blumstein, Ratwik, Roszak, Bergstrom & Maloney, Minneapolis, MN, for Independent School Dist. No. 877, Buffalo, MN, Independent School Dist. No. 273, Edina, MN.
This matter is before the court on plaintiffs' motion for preliminary injunction, plaintiffs' motion for partial summary judgment, and defendants' motions to dismiss. Based on a review of the file, record and proceedings herein, and for the reasons stated, the court denies plaintiffs' motion for preliminary injunction and motion for partial summary judgment; and grants in part, and denies in part defendants' motions to dismiss.
Plaintiff Sarah Peter is a child with Down's Syndrome disabilities. She resides with her mother, Joan Peter, in Buffalo, Minnesota, within the geographical boundaries of Independent School District No. 877. Plaintiff Aaron Westendorp is a child with disabilities resulting from a brain stem lesion. He resides with his parents Douglas Westendorp and Krista Westendorp in Edina, Minnesota, within the geographical boundaries of Independent School District No. 273. Plaintiff Choice In Education Foundation, Inc., is a Minnesota nonprofit corporation with members including parents of children with special education needs, religious schools, and religious organizations.
During the summer of 1995, Joan Peter enrolled her daughter, Sarah, in the Noah's Ark Preschool for the 1995-96 academic year. Plaintiffs describe Noah's Ark Preschool as a Christian preschool operated on the premises of St. John's Lutheran Church which consists of a preschool program religious in nature. Plaintiffs assert that Sarah was determined to be a child with a disability entitled to special education services. The officials of Independent School District No. 877 formulated an Individual Education Plan ("IEP") and determined that Sarah would benefit from the services of a paraprofessional aide. Plaintiffs allege that during the summer of 1995, officials of Independent School District No. 877 informed Sarah's mother that the school district could not provide a paraprofessional aide for her daughter if Sarah attended Noah's Ark preschool, because state regulations prohibited them from providing such services on the premises of a religious school. Plaintiffs' Complaint ¶ 26. Because she was allegedly without the financial means to provide a paraprofessional aide for her daughter, Joan Peter enrolled Sarah in a public pre-school program for the 1995-96 academic year.
Plaintiff Aaron Westendorp attended Calvin Christian School from September 1991 until June 1994. Officials of the Independent School District No. 273 determined that Aaron was in need of special education services, including the assistance of a full-time paraprofessional. With the financial assistance of their church, the Westendorp family was able to provide for paraprofessional services for Aaron on-site at his religious school. When the Westendorp family changed churches, the Westendorp family was unable to obtain the financial support necessary for the services, and withdrew Aaron from the private school.
Plaintiff Choice in Education Foundation, Inc., ("the Foundation"), asserts that several of its parent-members have children with handicaps or other special needs making them eligible for special education assistance and, as a consequence of Minnesota's state regulations and interpretations of those regulations, the families have incurred expenses that they would not have incurred if their children were enrolled in nonreligious private schools. In addition, the Foundation asserts that its members include organizations of religious schools which have allegedly been discriminated against because of their programs' religious nature, content, and viewpoint.
Plaintiffs challenge Minnesota's regulations and policies which implement the state's policies and plan under the Individuals with Disabilities in Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. The IDEA states that children with disabilities are to be provided a "free appropriate public education." See 20 U.S.C. § 1400(c). The IDEA provides procedural and substantive requirements for participating State and local education agencies to follow to ensure that disabled children receive such education. The IDEA is implemented in Minnesota under the state statutes and regulations. See Minn.Stat. § 120.17 (1994); Minn. Rules Chapter 3525. Under Minnesota law, every school district is to provide special instruction and services for children with a disability who are residents of the district. See Minn.Stat. § 120.17, subd. 1. Minnesota Rule 3525.1150, subpart 1, provides that school districts are "to identify and make available special education to all students who are disabled regardless of whether they attend a nonpublic school." Minnesota State Rule 3525.1150, subpart 2, provides that special education services provided directly or indirectly to the student "must be provided at a neutral site that is consistent with Minnesota Statutes, section 123.932, subdivision 9." A "neutral site" is defined as "a public center, a nonsectarian nonpublic center, a mobile unit located off the nonpublic school premises, or any other location off the nonpublic school premises which is neither physically nor educationally identified with the functions of the nonpublic school." See Minn.Stat. § 123.932, subd. 9. A "nonpublic school" is defined as "any school, church or religious organization, or home school" wherein a resident may legally fulfill the compulsory instruction requirements. Minn.Stat. § 123.932, subd. 3. A "nonsectarian nonpublic school" is defined as any nonpublic school which is not "church related, is not controlled by a church, and does not promote a religious belief." Minn. Stat. § 123.932, subd. 3a. A nonpublic sectarian school is not included in the definition of a "neutral site." Plaintiffs argue that Minnesota Rule 3525.1150, on its face and in effect, denies on-site special education services to otherwise eligible students attending private religious schools, but authorizes such services for eligible students attending private nonreligious schools when such services are deemed an appropriate part of a child's individual education plan. See Plaintiffs' Complaint ¶ 16.
In their complaint, Plaintiffs seek declaratory, injunctive, and monetary relief. Plaintiffs allege that the State's regulations and school district's policies violate the Free Speech and Free Exercise clauses of the First Amendment to the U.S. Constitution, the Equal Protection Clause of the Fourteenth Amendment, the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. § 2000bb et seq., and the Individuals with Disabilities in Education Act ("IDEA"), 20 U.S.C. § 1400 et seq.
Plaintiffs assert their claims against defendant Bruce H. Johnson, both in his individual capacity and in his official capacity as Commissioner of the Department of Children, Families, and Learning for the State of Minnesota, and defendant Arne H. Carlson, both in his individual capacity and in his official capacity as governor of the State of Minnesota (collectively referred to as "the State defendants"). Plaintiffs allege that the State officials are responsible for the interpretation, implementation, and enforcement of the challenged Minnesota Rule 3525.1150. Plaintiffs also assert their claims against Independent School District No. 877, and Independent School District No. 273 ("the school districts"). Plaintiffs claim that the school districts are responsible for the implementation of Minnesota State Rule 3525.1150, as interpreted and enforced by the State defendants. See Plaintiffs' Complaint ¶ 17.
The school districts move to dismiss plaintiffs' claims on four grounds; specifically, that the plaintiffs lack standing, that the plaintiffs' claims are not yet ripe for judicial review, that the plaintiffs failed to exhaust administrative remedies, and that the plaintiffs failed to state a claim for which the law provides a remedy. Likewise, the State defendants move to dismiss plaintiffs claims, alleging that plaintiffs have failed to state a claim under the Constitution or federal statutes, that plaintiffs failed to exhaust their administrative remedies under the IDEA, that plaintiffs' constitutional claims are not ripe for judicial review, that the State defendants are not "persons" under § 1983 and, in any event, are entitled to qualified immunity for damages under 42 U.S.C. § 1983, and that the Foundation lacks standing.
The plaintiffs oppose the motions to...
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