Banwart v. Cedar Falls Cmty. Sch. Dist.

489 F.Supp.3d 846

Christy BANWART and Lance Banwart, Plaintiffs,

v.CEDAR FALLS COMMUNITY SCHOOL DISTRICT and Area Education Agency 267, Defendants.

No. C18-2074-LTS

United States District Court, N.D. Iowa, Eastern Division.

Signed September 24, 2020

MEMORANDUM OPINION AND ORDER ON REPORT AND RECOMMENDATION

Leonard T. Strand, Chief Judge

TABLE OF CONTENTS

I. INTRODUCTION ...850

II. APPLICABLE STANDARDS ...850

A. Judicial Review of the ALJ's Decision under the IDEA ...850

B. Review of Report and Recommendation ...850

III. THE R & R ...851

A. Factual Background ...851

B. The Banwarts’ Arguments ...858

C. Defendants’ Arguments ...858

D. Judge Roberts’ Analysis ...858

IV. DISCUSSION ...859

A. Was a Residential Placement Necessary for C.B. to Receive a FAPE? ...860

1. Residential Program Placements under the IDEA ...861

2. Did C.B.’s Placement at Bremwood in February 2016 Provide a FAPE? ...861

3. Did C.B.’s Continued Placement at Bremwood Provide a FAPE? ...865

B. Defendants’ Objections ...871

V. CONCLUSION ...871

I. INTRODUCTION

This case is before me on a Report & Recommendation (R&R) filed by United States Magistrate Judge Mark A. Roberts. Doc. No. 41. Judge Roberts recommends that I affirm the dismissal by an Iowa Administrative Law Judge (ALJ) of Christy Banwart's and Lance Banwart's action under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400, et seq. The Banwarts have filed objections to the R&R, as have defendants Cedar Falls Community School District and Area Education Agency 267. Doc. Nos. 43, 44. Defendants have filed a response (Doc. No. 45) to the Banwarts’ objections.

II. APPLICABLE STANDARDS

A. Judicial Review of the ALJ's Decision under the IDEA

Under the IDEA, parents may file a due process complaint to challenge "the identification, evaluation, or educational placement of [their] child, or the provision of a free appropriate public education to such child." 20 U.S.C. § 1415(b)(6)(A). Complaints are resolved by a due process hearing conducted by the state or local educational agency or, if desired by the interested parties, voluntary mediation. Id. § 1415(e) – (f). When no procedural violations are alleged, the purpose of the due process hearing is to determine whether the child received a free appropriate public education (FAPE). Id. § 1415(f)(3)(E)(i). The burden of proof falls on the party seeking relief. Sneitzer v. Iowa Dep't of Educ. , 796 F.3d 942, 948 (8th Cir. 2015).

A party may seek review of the administrative proceedings by bringing a civil action in state or federal court. Id. § 1415(g), (i)(2). A federal district court reviewing an agency decision under the IDEA must conduct a de novo review to determine whether the aggrieved party is entitled to relief based on a preponderance of the evidence. Id. § 1415(i)(2)(C)(iii) ; I.Z.M. v. Rosemount-Apple Valley-Eagan Pub. Sch. , 863 F.3d 966, 970 (8th Cir. 2017). However, the court must give " ‘due weight’ to the outcome of the administrative proceedings." Id. (quoting T.F. v. Special Sch. Dist. of St. Louis Cty. , 449 F.3d 816, 818 (8th Cir. 2006) ).

B. Review of Report and Recommendation

A district judge must review a magistrate judge's R&R under the following standards:

Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

28 U.S.C. § 636(b)(1) ; see also Fed. R. Civ. P. 72(b). Thus, when a party objects to any portion of an R&R, the district judge must undertake a de novo review of that portion.

Any portions of an R&R to which no objections have been made must be reviewed under at least a "clearly erroneous" standard. See, e.g., Grinder v. Gammon , 73 F.3d 793, 795 (8th Cir. 1996) (noting that when no objections are filed "[the district court judge] would only have to review the findings of the magistrate judge for clear error"). As the Supreme Court has explained, "[a] finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Anderson v. City of Bessemer City , 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985) (quoting United States v. U.S. Gypsum Co. , 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948) ). However, a district judge may elect to review an R&R under a more-exacting standard even if no objections are filed:

Any party that desires plenary consideration by the Article III judge of any issue need only ask. Moreover, while the statute does not require the judge to review an issue de novo if no objections are filed, it does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard.

Thomas v. Arn , 474 U.S. 140, 150, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985).

III. THE R&R

A. Factual Background

Relying on the ALJ's findings, Judge Roberts provided a comprehensive account of the facts in this case. Based on my de novo review, I find that Judge Roberts’ statement of the facts is supported by the record and therefore adopt it. The following facts are undisputed unless otherwise noted:

[The Banwarts] are residents of the City of Cedar Falls, Iowa and the Cedar Falls School District ("the District"). Their adoptive son, C.B., was born in 2002 and was 16 years old at the time the Complaint was filed. Because of his disabilities, which will be described in more detail below, he had been receiving special education services pursuant to routinely updated iterations of an Individual Education Plan ("IEP"), as required by law.

C.B. experienced early childhood trauma prior to his adoption. He received diagnoses of reactive attachment disorder ("RAD"), anxiety, and cognitive delays. His elementary school years were marked by behavioral problems and lack of academic progress demonstrated by the inability to meet the goals set out in IEPs. In fall 2014, C.B. began seventh grade in a self-contained special education classroom at Holmes Junior High, but was placed in a psychiatric medical institution for children beginning in January 2015.

In fall 2015, C.B. entered eighth grade at the same school after a Functional Behavior Assessment ("FBA") and a Behavior Intervention Plan ("BIP") were completed. ALJ Lockard's description of the difficulties arising thereafter bears repeating:

During the start of the 2015-16 school year, Holmes staff observed that [C.B.’s] behaviors were unpredictable and that he would leave the classroom and the building without any obvious patterns or triggers. Staff also noted that [C.B.] was engaging in aggression, violence, threats directed at staff and himself, and mood swings throughout the day. Additionally, staff noted that [C.B.] frequently refused teacher requests to get his books out and engage in instruction, refused to listen, and refused to do assigned work. [C.B.] frequently told teachers, "I don't have to. I can do what I want." Staff observed that [C.B.] was better able to participate in settings where there were no academic expectations; for example, when [C.B.] was allowed to play on the computer or watch videos, he could remain in a setting without leaving.

On October 30, 2015 police and Parents were called to Holmes to deal with a situation where [C.B.’s] behavior had escalated to the point of throwing books at school staff and blocking himself in a room alone; the escalation continued for a prolonged period of time even after intervention by trained staff. [C.B.] was handcuffed by police officers who responded.

[C.B.] was suspended after the October 30 incident. During the suspension, he was receiving one hour of instruction at the AEA office four days per week. [C.B.’s] Parents decided that they did not want him to return to Holmes. At some point in fall 2016, [C.B.] was placed at Peet Junior High School, also in the Cedar Falls Community School District.

On December 16, 2015, a manifestation determination was made with regard to conduct that occurred December 11 at Peet. The determination indicates that [C.B.] was being verbally and physically aggressive with school staff, including threatening to harm or kill multiple individuals, acting as though he was going to harm himself or others with a paper cutter and pair of scissors, attempting to bite, hit, and kick school staff, not allowing staff to leave the room by physically blocking their way, knocking over and kicking stools, and upending a trash can on a staff member's head. The document states that [C.B.] has a history of significant behavior, including an incident of physical aggression at a prior school and multiple incidents of refusal to comply with directions or school expectations, disrespectful or disruptive communication with school staff, and leaving the school setting without permission. The determination also states that an FBA was completed showing an identified primary function of escaping undesirable environments, particularly when academic coursework was assigned. A secondary function of attention was also identified by the FBA. The determination states that [C.B.] "has learned to ‘up the ante’ in order to achieve his escape related function."

This discussion shows some of the challenges that C.B. and the parties faced in the months leading up to the dispute regarding the appropriate placement. The incident involving the police is also central to [the Banwarts’] argument about trust issues that developed. [The Banwarts] argue:

To be clear, [we] are not asserting claims for the October 30th incident

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