Sturm v. Board of Educ. of Kanawha County

• Decision Date: 02 December 2008
• Docket Number: No. 33854.,33854.
• Citation: 672 S.E.2d 606
• Parties: Thomas P. STURM, Plaintiff Below, Appellant v. THE BOARD OF EDUCATION OF KANAWHA COUNTY, Defendant Below, Appellee.
• Court: West Virginia Supreme Court

672 S.E.2d 606

Thomas P. STURM, Plaintiff Below, Appellant v. THE BOARD OF EDUCATION OF KANAWHA COUNTY, Defendant Below, Appellee.

No. 33854.

Supreme Court of Appeals of West Virginia.

Submitted September 23, 2008.

Decided December 2, 2008.

Syllabus by the Court

1. "The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)." Syllabus Point 3, Chapman v. Kane Transfer Co. Inc., 160 W.Va. 530, 236 S.E.2d 207 (1977).

2. "The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act." Syllabus Point 1, Daurelle v. Traders Fed. Sav. & Loan Assn., 143 W.Va. 674, 104 S.E.2d 320 (1958).

3. "Where the available administrative remedy is inadequate, this Court recognizes an exception to the general rule that where a new right is created by statute, the remedy can be only that which the statute prescribes." Syllabus Point 2, Wiggins v. Eastern Associated Coal Corp., 178 W.Va. 63, 357 S.E.2d 745 (1987).

4. "This Court will not require the exhaustion of administrative remedies where such remedies are duplicative or the effort to obtain them futile." Syllabus Point 6, Wiggins v. Eastern Associated Coal Corp., 178 W.Va. 63, 357 S.E.2d 745 (1987).

5. Prior to bringing a civil suit alleging failure to provide a free appropriate public education under the Regulations for the Education of Students with Exceptionalities, Policy 2419, 126 C.S.R. § 16, a complainant must first exhaust his or her administrative remedies provided under the regulations or meet the burden of proving an exception to the exhaustion requirement.

Michael T. Clifford, Esq., Charleston, and Barbara Harmon Schamberger, Esq., Clay, for Thomas P. Sturm.

Charles R. Bailey, Esq., Kelly C. Morgan, Esq., Vaughn T. Sizemore, Esq., Bailey & Wyant, Charleston, for the Board of Education of Kanawha County.

MAYNARD, Chief Justice:¹

Thomas Sturm, the appellant, brought several claims against the Kanawha County Board of Education in which he alleged that the Board provided him with a defective education. In its April 3, 2007, order, the Circuit Court of Kanawha County dismissed with prejudice Mr. Sturm's state law claims for failure to exhaust his administrative remedies, and Mr. Sturm now appeals. For the reasons that follow, we affirm the circuit court's order.

I. FACTS

The appellant was in a special education program during his public schooling in Kanawha County.² He graduated from Sissonville High School in May 2004. In July 2005, the appellant was awarded Social Security Income benefits after a finding that he is functionally illiterate, unable to perform activities within a schedule, unable to maintain regular attendance, and had no vocationally past relevant work.

The appellant filed a complaint in the Circuit Court of Kanawha County against the Kanawha County Board of Education, the appellee, in April 2006, in which he asserted federal causes of action under the Individuals With Disabilities Education Act, 20 U.S.C. §§ 1401 et seq.; Section 504 of the Rehabilitation Act, 29 U.S.C. § 728; the Americans With Disabilities Act, 42 U.S.C. §§ 12161 et seq.; and 42 U.S.C. § 1983 of the Civil Rights Act. He also asserted state law claims under Policy 2419 which is known as Regulations for the Education of Students with Exceptionalities, 126 C.S.R. § 16; the West Virginia Human Rights Act, W.Va.Code §§ 5-11-1 et seq.; and W.Va.Code § 18-1-4 (1996), concerning the provision of a thorough education;³ as well as claims for negligence and negligent infliction of emotional distress.

The Kanawha County Board of Education ("the Board") removed the case to the United States District Court for the Southern District of West Virginia on the grounds that some of the appellant's claims were based on federal laws. The Board then moved to dismiss the appellant's federal claims based on the fact that he had failed to exhaust his administrative remedies under the federal laws at issue. By memorandum opinion dated June 1, 2006, the district court dismissed all of the appellant's federal claims without prejudice and remanded his state law claims to the Circuit Court of Kanawha County. The district court found that the appellant failed to exhaust his administrative remedies under the Individuals With Disabilities Education Act.

Thereafter, the Board filed a motion to dismiss the appellant's state law claims pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure for failure to exhaust his administrative remedies provided in the Regulations for the Education of Exceptional Students in Policy 2419 at 126 C.S.R. § 16. By order of April 3, 2007, the circuit court granted the Board's motion. The appellant now appeals this order.

II. STANDARD OF REVIEW

The appellant's complaint was dismissed for "failure to state a claim upon which relief can be granted" under Rule of Civil Procedure 12(b)(6). This Court has held that "[a]ppellate review of a circuit court's order granting a motion to dismiss a complaint is de novo." Syllabus Point 2, State ex rel. McGraw v. Scott Runyan Pontiac-Buick, 194 W.Va. 770, 461 S.E.2d 516 (1995). In other words, "[w]hen a circuit court grants a Rule 12(b)(6) motion and dismisses a complaint for failure to state a claim upon which relief can be granted, appellate review of the circuit court's dismissal of the complaint is de novo." Kessel v. Leavitt, 204 W.Va. 95, 119, 511 S.E.2d 720, 744 (1998) (citations omitted). We have further explained that "[t]he purpose of a motion under Rule 12(b)(6) is to test the formal sufficiency of the complaint." Collia v. McJunkin, 178 W.Va. 158, 159, 358 S.E.2d 242, 243 (1987) (citations omitted). Additionally, "[m]otions to dismiss are generally viewed with disfavor because the complaint is to be construed in the light most favorable to the plaintiff and its allegations are to be taken as true." Collia, 178 W.Va. at 160, 358 S.E.2d at 243-244 (citation omitted). Finally, "[t]he trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)." Syllabus Point 3, Chapman v. Kane Transfer Co. Inc., 160 W.Va. 530, 236 S.E.2d 207 (1977). With these principles in mind, we now review the circuit court's decision.

III. DISCUSSION

The purpose of the federal Individuals With Disabilities Education Act ("the IDEA") is to ensure that children with disabilities receive a "free appropriate public education." 20 U.S.C. § 1400(c)(3). A free and appropriate public education is defined as 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 required under section 1414(d) of this title.

20 U.S.C. § 1401(9). An individualized education plan or "IEP" is essentially a written plan developed for each child with a disability that is designed to meet that child's specific educational needs. 20 U.S.C. § 1414(d)(1)(A). The IDEA does not confer upon parents a right to immediately seek redress in federal court for the alleged denial of a free appropriate public education under the Act. Rather, the IDEA contains a detailed administrative scheme that must be exhausted prior to filing a federal claim. 20 U.S.C. § 1415(1); Doe v. Alfred, 906 F.Supp. 1092 (S.D.W.Va.1995). The United States Supreme Court has explained that the IDEA

confers upon disabled students an enforceable substantive right to public education in participating States and conditions federal financial assistance upon a State's compliance with the substantive and procedural goals of the Act. Accordingly, States seeking to qualify for federal funds must develop policies assuring all disabled children the "right to a free appropriate public education," and must file with the Secretary of Education formal plans mapping out in detail the programs, procedures, and timetables under which they will effectuate these policies.

Honig v. Doe, 484 U.S. 305, 310-311, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988) (citations and footnote omitted).

Courts have found that a complainant must exhaust his or her administrative remedies under the IDEA prior to bringing a civil action. In Doe v. Alfred, supra, relied upon by the federal district court in dismissing the appellant's federal claims, the plaintiffs filed suit against several education officials alleging a violation of their child's right to a free appropriate public education as guaranteed by the IDEA, the 14th Amendment to the United States Constitution, and Article III, Section 10 of the West Virginia Constitution. The plaintiffs sought damages and injunctive relief pursuant to 42 U.S.C. § 1983. The defendants filed a motion to dismiss the plaintiffs' suit primarily on the basis that the plaintiffs failed to exhaust administrative remedies available to them under the IDEA. The United States District Court for the Southern District of West Virginia granted the defendants' motion to dismiss after finding that exhaustion of administrative remedies was required for both the plaintiffs' IDEA claim and their constitutional claims. The district court based its decision in part on the language of 20 U.S.C. § 1415(f)...