Sytsema ex rel. Sytsema v. Academy School Dist.

• Decision Date: 26 August 2008
• Docket Number: No. 06-1330.,No. 06-1304.,06-1304.,06-1330.
• Parties: Nicholas SYTSEMA, a minor, by and through his parents, Jack and Rebecca SYTSEMA, Plaintiff-Appellant-Cross-Appellee, v. ACADEMY SCHOOL DISTRICT NO. 20, Defendant-Appellee-Cross-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

538 F.3d 1306

Nicholas SYTSEMA, a minor, by and through his parents, Jack and Rebecca SYTSEMA, Plaintiff-Appellant-Cross-Appellee, v. ACADEMY SCHOOL DISTRICT NO. 20, Defendant-Appellee-Cross-Appellant.

No. 06-1304.

No. 06-1330.

United States Court of Appeals, Tenth Circuit.

August 26, 2008.

Michael C. Cook, Michael C. Cook, P.C., Colorado Springs, CO, for Plaintiff-Appellant-Cross-Appellee.

Brent P. Benrud (Bruce Anderson and Susan M. Schaecher with him on the briefs), Stettner Miller, P.C., Denver, CO, for Defendant-Appellee-Cross-Appellant.

Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant Nicholas Sytsema brought suit, by and through his parents, against the Academy School District for reimbursement for his educational expenses pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., ("IDEA" or the "Act"). The district court concluded that the Sytsemas were entitled to reimbursement for their expenses for the 2001-2002 academic year because the school district violated the Act's procedural requirements by never finalizing the draft individualized education plan (IEP) it provided to the Sytsemas. The court also concluded that the individualized education plan for the 2002-2003 academic year complied with all of the Act's requirements, and thus denied the Sytsemas' request for reimbursement for that period. Both parties now appeal.

We conclude that the district court erred in awarding relief to the Sytsemas for procedural differences in the 2001 IEP and we remand for the district court to consider whether the 2001 draft IEP substantively denied Nicholas a free appropriate public education (FAPE). In conducting this review, the district court should restrict its review to the draft IEP as written without considering any oral discussions that occurred between the respective parties. We further conclude that the 2002-2003 IEP complied with the IDEA requirements. Accordingly, we REVERSE the district court's decision granting the Sytsemas reimbursement for their expenses for the 2001-2002 academic year and we REMAND for consideration of whether the written draft 2001 IEP denied Nicholas a FAPE. We AFFIRM the denial of reimbursement expenses to the Sytsemas for the 2002-2003 academic year.

I.

Nicholas Sytsema was born in July 1998. Approximately two and a half years later he was diagnosed with autism.¹ Autism is a condition that "affects all areas of essential human behaviors such as social interactions, the ability to communicate ideas and feelings, imagination, fine and gross motor skills, and the establishment of relationship[s] with others." As a result of his condition, Nicholas has "severely delayed communication skills." This delay manifests itself in several ways, including the fact that "[Nicholas is] very much in his own world, [does] not respond to his name, [does] not make eye contact, and [does] not want to be part of any of the groups that [are] around him." Nicholas also has a short attention span and is easily distracted by movements outside.

During the period from Nicholas's diagnosis until his third birthday, Resources for Young Children and Families provided funding for an in-home program pursuant to the IDEA. As part of this in-home program, Nicholas received 16.5 hours of one-on-one therapy per week. When Nicholas turned three, the responsibility for complying with the IDEA's requirements shifted to his local school district. See 20 U.S.C. § 1412(a)(1)(A). Pursuant to these requirements, the Academy School District (the "District") assessed Nicholas's learning skills during a "play-based assessment." This assessment provided the foundation for an individualized education program ("IEP"), which the IDEA required the District to develop.

Subsequent to the assessment, Nicholas's parents met with District employees to review a draft IEP for the 2001-2002 school year ("2001 IEP") in May 2001. The District's director of special education, a special education teacher, an occupational therapist, a social worker, and the District's autism specialist all attended the IEP meeting. The draft IEP documented several items, including: (i) the data gathered during the assessment; (ii) Nicholas's levels of functioning, achievement, and performance; (iii) a statement of educational needs; (iv) a statement of goals and objectives; (v) a statement of special education needs and related services;² and (vi) a recommended placement. To provide Nicholas with a free appropriate public education ("FAPE"), the IEP proposed a total of 10.75 hours of services per week. A significant portion of that total — 9.5 hours per week — would occur in an education placement in an integrated preschool classroom, while the remainder — 1.25 hours per week — would consist of additional educational services, such as speech and language services.

Nicholas's parents rejected the draft IEP's suggested placement due to their concerns about Nicholas's educational experience in an integrated classroom. The Sytsemas believed that the suggested placement would not have benefitted Nicholas. To support their position, the Sytsemas provided the District with letters from two behavior specialists, a neurologist, and a staff member at the JFK Center for Developmental Disabilities.

The District and the Sytsemas held another meeting on August 2, 2001. This meeting did not constitute an official IEP team meeting because several team members were out of town. At this meeting, the District offered to increase the total service hours to 20 hours per week. The District, however, never formally amended the IEP to reflect this offer. Due to their continued concerns about Nicholas's placement, the Sytsemas rejected the draft IEP shortly after the August 2, 2001 meeting. They instead continued Nicholas's at-home program at their own expense. The District did not complete a final IEP for Nicholas for the 2001-2002 academic year.

The District and the Sytsemas began discussions regarding an IEP for the 2002-2003 school year ("2002 IEP") in October 2002. In preparation for this IEP, the District evaluated Nicholas using both the Mullen Scales of Early Learning and the Vineland Adaptive Behavior Scales. The Sytsemas and the District employees on the IEP team met on November 20, 2002, to discuss the 2002 IEP. The 2002 IEP proposed a total of 25 hours of services per week.³ The plan included 20 hours per week in an integrated classroom, and 5 hours per week of one-on-one discrete trial training.⁴

Unlike the previous year, the District finalized the 2002 IEP and delivered it to the Sytsemas; however, the Sytsemas neither agreed to nor signed the 2002 IEP. Instead, they continued the at-home program that consisted primarily of one-on-one instruction. Beginning in November 2002, Nicholas's parents also enrolled him in a private preschool for nine hours per week. Nicholas attended the private school with the help of an aide. The Sytsemas paid for both the at-home program and the private school.

On November 15, 2002, the Sytsemas submitted their demand for an Impartial Due Process Hearing. The Sytsemas claimed that the District violated the IDEA by denying Nicholas a FAPE and sought reimbursement for their expenses for the 2001-2002 and 2002-2003 academic years. After a five-day hearing, the independent hearing officer ("IHO") determined that the 2001 IEP and the 2002 IEP were appropriate and that the District did not deny Nicholas a FAPE for either school year. The IHO thus denied the Sytsemas' request for reimbursement.

The Sytsemas appealed the IHO decision to a Colorado administrative law judge ("ALJ"). In the course of reaching his decision, the ALJ adopted substantially all of the IHO's factual findings. Pursuant to 20 U.S.C. § 1415(g), the ALJ reviewed the record and rendered an independent decision affirming the IHO's conclusions.

Following the ALJ's decision, the Sytsemas filed a civil action in the United States District Court for the District of Colorado. The Sytsemas renewed their claim that the District had denied Nicholas a FAPE during the two academic years in question. After reviewing the administrative record and the applicable law, the district court reversed the ALJ in part. The court held that the 2001 IEP was procedurally deficient because the District failed to present the Sytsemas with a final IEP. Based on this deficiency, the court ordered the District to reimburse the Sytsemas for the expenses they incurred during the 2001-2002 school year. Both in the district court and here on appeal, the District did not dispute the reimbursement amount of $38,503.45, nor did it dispute that the at-home program provided Nicholas some educational benefit.

The district court affirmed the ALJ's ruling for the 2002-2003 school year. The court first determined that the 2002 IEP was not procedurally defective. The court then reviewed the portion of the administrative record addressing whether the 2002 IEP was "reasonably calculated" to provide Nicholas with educational benefits. In light of the administrative record, the court held that the 2002 IEP did not deny Nicholas a FAPE, and thus affirmed the ALJ's denial of the reimbursement claim for that year.

The Sytsemas appeal the district court's order affirming the ALJ's denial of reimbursement for the 2002-2003 school year. The District has filed a cross-appeal seeking reversal of the district court's reimbursement order for the 2001-2002 school year.

II.

The IDEA provides the federal courts with a unique standard of review that differs from our typical deferential review of administrative proceedings. See 20 U.S.C. § 1415(i)(2).⁵ Pursuant to the statute, a district court must independently review the administrative record and apply a preponderance of the evidence standard to decide if the requirements of the IDEA have been met. L.B. ex rel. K.B. v. Nebo Sch. Dist., 379 F.3d 966, 973-74 (10th Cir.2004). During its...