Wayne County Region. Educ. Serv. Agency v. Pappas

• Court: U.S. District Court — Eastern District of Michigan
• Writing for the Court: Gadola
• Citation: Wayne County Region. Educ. Serv. Agency v. Pappas, 56 F.Supp.2d 807 (E.D. Mich. 1999)
• Decision Date: 14 July 1999
• Docket Number: No. Civ.A. 99-40011.,Civ.A. 99-40011.
• Parties: WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY, Detroit Public Schools, and Detroit Public Schools Board of Education, Plaintiffs, v. Nicholas PAPPAS and Davida Pappas, on behalf of their son, Nicholas Pappas, Defendants.

56 F.Supp.2d 807

WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY, Detroit Public Schools, and Detroit Public Schools Board of Education, Plaintiffs, v. Nicholas PAPPAS and Davida Pappas, on behalf of their son, Nicholas Pappas, Defendants.

No. Civ.A. 99-40011.

United States District Court, E.D. Michigan, Southern Division.

July 14, 1999.

Michael L. Bevins, Lansing, MI, for plaintiffs.

Richard J. Landau, Dykema Gossett, Ann Arbor, MI, for Nicholas Pappas, Davida Pappas, defendants.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO REVIEW STATE HEARING OFFICER'S DECISION BASED ON CLOSED RECORD, DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, AND GRANTING PLAINTIFFS' MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS

GADOLA, District Judge.

This is an appeal from an administrative decision rendered by the state review officer of the Michigan Department of Education. Presently before the Court are three motions. On May 21, 1999, plaintiff Wayne County Regional Educational Service Agency (RESA), filed a motion for summary judgment and to dismiss counterclaims.¹ Defendants Nicholas Pappas and Davida Pappas, on behalf of their son, Nicholas Pappas, responded on June 10, 1999. A reply brief was submitted by plaintiff Wayne County RESA on June 17, 1999. Also filed on May 21, 1999 was defendants' motion to review state hearing officer's decision based on closed record. Plaintiff Wayne County RESA filed a response to defendants' motion on June 11, 1999. A reply brief was filed by defendants on June 18, 1999.

For the reasons discussed below, the Court will construe plaintiffs' summary judgment motion as a motion for judgment on the pleadings seeking reversal of the administrative decision of the state review officer. Similarly, defendants' motion to review state hearing officer's decision will be construed as a motion for judgment on the pleadings seeking affirmance of the administrative decision of the state review officer. As more fully discussed herein, this Court finds the state hearing officer's decision relating to Nicholas Pappas' entitlement to compensatory education, among other issues, to have been properly decided consistent with the provisions of the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 1400, et seq. Accordingly, the administrative decision appealed from will be affirmed. In addition, plaintiffs' motion to dismiss defendants' three counterclaims will be granted, as discussed infra.

I. PROCEDURAL HISTORY

The procedural history outlined immediately below is taken in part from this Court's prior memorandum opinion and order issued June 11, 1999 granting plaintiffs' motion to terminate "stay-put" placement.

Defendant Nicholas Pappas, born on September 7, 1969, is now a 29 year-old person with severe mental impairment. He is and was at all times relevant to the instant action a resident of the Detroit Public Schools district.

In 1974, defendant Pappas began receiving special education and related services after an Educational Planning and Placement Committee (EPPC) meeting determined that he was "severely multiply handicapped" (a condition identified by the term "SXI"). The committee recommended that he be placed in a program for the SXI for a minimum of 230 days of instruction per school year. However, instead of placing defendant in the program designated by the EPPC, he was placed in an alternate program for the severely mentally impaired with a minimum of 180 days of instruction per school year. See Decision of State Hearing Officer issued Dec. 4, 1998, p. 15. This allegedly unlawful placement persisted until December 14, 1979. See id. p. 23.

In 1996, defendant Pappas reached an age, 26, in which he would ordinarily not be entitled to special education services pursuant to the applicable state statute, M.C.L. §§ 380.1701-380.1766. On August 26, 1996, plaintiff Detroit Public Schools held an individualized educational planning committee (IEPC) meeting consisting of school personnel and the defendant's parents. At the meeting, defendant's parents requested continuation of services as "compensatory education" for the alleged deprivation of services between 1974 and 1979. Plaintiff Detroit Public Schools refused and recommended termination of special education and related services because defendant was then 26 years of age and allegedly no longer eligible for services.

Nicholas Pappas' parents then instituted administrative proceedings pursuant to the IDEA, 20 U.S.C. § 1400, et seq., and the Michigan Mandatory Special Education Act (MMSEA), M.C.L. §§ 380.1701-1766.² As a result, a due process hearing was conducted under the auspices of the local hearing officer. The due process hearing commenced October 14, 1997.

On October 14, 1997, the local hearing officer ordered a two-day per week placement in compliance with the statutory "stay-put" provision. According to plaintiffs, "[t]he parent rejected the five-day a week placement and requested a two-day a week placement." See Plaintiff's Brief in Support of Motion for Order to Terminate Stay-Put Placement, p. 2.

On October 29, 1997, Mr. Pappas's parents moved to join plaintiff Wayne County RESA as a party in the due process hearing. The hearing officer granted the parents' motion and plaintiff Wayne County RESA was joined as a party by order dated January 30, 1998.

The due process hearing concluded May 11, 1998 and a written decision was issued by the hearing officer on August 7, 1998. In that decision, the hearing officer granted Detroit Public School's motion to dismiss and denied the parents' request for compensatory education for their son, Nicholas Pappas. The stay-put order was continued pending appeal.

The parents then requested state review of the hearing officer's decision. On September 18, 1998, Detroit Public Schools and Wayne County RESA filed a motion with the state review officer to terminate the stay-put order of the local hearing officer. In a decision issued November 2, 1998, the state review officer denied this motion on the basis that Detroit Public Schools had offered a stay-put placement which had been accepted by the parents and thus there was an agreement for "stay-put" as a matter of law. Detroit Public Schools and Wayne County RESA subsequently moved for reconsideration of the November 2, 1998 decision.

On December 4, 1998, the state review officer denied the motion for reconsideration of the November 2, 1998 order regarding stay-put placement. See Decision of State Hearing Officer issued Dec. 4, 1998, p. 6. In the December 4, 1998 decision, the state review officer also reversed the decision of the local hearing officer, finding that Mr. Pappas had indeed been denied special education services to which he had been entitled during the period 1974 to 1979. See id., p. 25. The state review officer then ordered Detroit Public Schools and Wayne County RESA to jointly provide 250 days of compensatory education to defendant Pappas. See id., pp. 40-41. In addition, the order specified that the days of education which defendant was then receiving from Detroit Public Schools under the stay-put order were to be counted towards the 250 school day total for compensatory education. See id., p. 45.

Plaintiffs Wayne County RESA, Detroit Public Schools and Detroit Public Schools Board of Education initiated the instant action with the filing of their two-count complaint on January 15, 1999. Plaintiffs seek review of the administrative decision issued by the state review officer pursuant to IDEA, 20 U.S.C. § 1415(i)(2)(A) (Count I) and MMSEA, M.C.L. §§ 380.1701-1766 (Count II). In an order entered February 3, 1999, this Court exercised its discretionary authority to hear pendent state law claims, and dismissed Count II. As a consequence, it is important to note that plaintiffs' only remaining claim is contained in Count I and relates to IDEA, 20 U.S.C. § 1415.

On February 25, 1999, defendants filed their answer, affirmative defenses, and counterclaims, containing three counts against plaintiffs/counter-defendants. Counterclaim I alleges a federal law violation of the IDEA. Counterclaim II alleges a federal law violation of Section 504 of the Rehabilitation Act of 1973. Counterclaim III alleges a federal civil rights violation pursuant to 42 U.S.C. § 1983.

On June 11, 1999, this Court issued a memorandum opinion and order granting plaintiffs' motion to terminate Nicholas Pappas's "stay-put" placement.

II. STANDARD OF REVIEW

In cases brought pursuant to the IDEA, the district court is required to use a "modified de novo" standard of review in evaluating state administrative determinations. Doe v. Metropolitan Nashville Pub. Sch., 133 F.3d 384, 386 (6th Cir.1998) (citing Doe v. Board of Educ., 9 F.3d 455, 458 (6th Cir.1993) and applying Board of Educ. v. Rowley, 458 U.S. 176, 206, 102 S.Ct. 3034, 3050-51, 73 L.Ed.2d 690 (1982)). According to the Sixth Circuit, "this means that the district court should perform a de novo review, but it `should give due weight to the state administrative proceedings in reaching its decision.'" Id. (quoting Roncker ex rel. Roncker v. Walter, 700 F.2d 1058, 1062 (6th Cir.), cert. denied, 464 U.S. 864, 104 S.Ct. 196, 78 L.Ed.2d 171 (1983)). The Supreme Court has warned courts against substituting "their own notions of sound educational policy for those of the school authorities which they review." Id. (citing Rowley, 458 U.S. at 206, 102 S.Ct. 3034). The "due weight" requirement is derived from "`[t]he fact that § 1415(e) requires that the reviewing court receive the records of the [state] administrative proceedings....'" Id. (citing Rowley, 458 U.S. at 206, 102 S.Ct. at 3051 and quoting 20 U.S.C. § 1415(e)).³

The Sixth Circuit has recognized the difficulties in applying the "due weight" standard. See Metropolitan Nashville Pub. Sch., 133 F.3d at 386; see also Hartmann v. Loudoun County Bd. of Educ., 118 F.3d 996, 1000-01 (4th Cir.1997) (holding that "[a]dministrative...