New Jersey Protection & Advocacy, Inc. v. Njdoe

563 F.Supp.2d 474

NEW JERSEY PROTECTION & ADVOCACY, INC., et al., Plaintiffs, v. NEW JERSEY DEPARTMENT OF EDUCATION, et al., Defendants.

Civil Action No. 07-2978 (MLC).

United States District Court, D. New Jersey.

June 30, 2008.

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Lowenstein Sandler PC (David L. Harris and Stephen M. Plotnick of counsel), Roseland, NJ; Education Law Center (Ruth Lowenkron of counsel), Newark, NJ; and Loughlin & Latimer (Michaelene Loughlin of counsel), Hackensack, NJ, for Plaintiffs.

Attorney General of New Jersey (Michael C. Walters of counsel), Trenton, NJ, for Defendants.

MEMORANDUM OPINION

COOPER, District Judge.

INTRODUCTION

Plaintiffs, New Jersey Protection and Advocacy, Inc. ("NJP & A"), the Education Law Center ("ELC"), the Statewide Parent Advocacy Network of New Jersey ("SPAN"), and the Arc of New Jersey (the "Arc" and together with NJP & A, ELC, and SPAN, "Plaintiffs") commenced this action against (1) the New Jersey Department of Education ("NJDOE"), (2) the New Jersey State Board of Education ("Board"), (3) Lucille E. Davy ("Davy") in her official capacity as Commissioner of the NJDOE, and (4) Arnold G. Hyndman, Arcelio Aponte, Ronald K. Butcher, Debra Eckert-Casha, Maud Dahme, Kathleen A. Dietz, Josephine E. Hernandez, Frederick H. Lagarde, Jr., Ernest Lepore, Thelma Napoleon-Smith, Edithe Fulton, and Kenneth J. Parker in their official capacities as members of the Board (the "Board Members" and together with the NJDOE, the Board, and Davy, "Defendants"). (Dkt. entry no. 1, Compl.) Plaintiffs assert that Defendants have violated the rights of disabled children and their parents under the Individuals with Disabilities Education Act, 20 U.S.C. § ("Section") 1400, et seq. ("IDEA") and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. (Id.)¹

Defendants move to dismiss the complaint pursuant to Federal Rules of Civil Procedure ("Rules") 12(b)(1) and 12(b)(6), or, in the alternative, to join necessary parties pursuant to Rule 19(a). (Dkt. entry no. 9.) Plaintiffs oppose the motion. (Dkt. entry no. 11.) For the reasons stated herein, the Court will (1) grant the motion insofar as it seeks to dismiss Plaintiffs' claims against the Board Members, (2) deny the motion insofar as it seeks to dismiss Plaintiffs' claims against the NJDOE, the Board, and Davy, and (3) deny the motion insofar as it seeks to join necessary parties.

BACKGROUND

Plaintiffs are statewide advocacy organizations and "agencies acting pursuant to federal protection and advocacy statutes on behalf of children with disabilities and their parents." (Compl., at ¶ 9.) Plaintiffs seek to enjoin Defendants from violating the rights of disabled children to receive a "free appropriate public education" ("FAPE") in the "least restrictive environment". (Id.) Plaintiffs assert that "[a]s a result of Defendants' failures, countless children with disabilities have been denied an appropriate education.... [and] are unnecessarily segregated and denied their right to be educated with children who do not have disabilities, to the maximum extent appropriate." (Id. at ¶ 10.) Thus, Plaintiffs request that this Court compel Defendants to include disabled children in general education classrooms with aids, services, and accommodations, to the maximum extent appropriate. (Id. at ¶ 11.)

Plaintiffs, by way of example, describe several disabled children who they allege were denied a FAPE in the least restrictive environment by Defendants. (Id. at ¶¶ 15-19.) The Court will not recite those descriptions herein but we incorporate them by reference and, for purposes of addressing this motion only, accept that they are true and accurate. See Cal. Pub. Employees' Ret. Sys. v. Chubb Corp., 394 F.3d 126, 134 (3d Cir.2004). Plaintiffs also list statistics, inter alia, comparing the percentage of segregated disabled children in New Jersey with the percentage in other states and the country as a whole, and describing the percentage of segregated disabled minority students in the state. (Compl., at ¶¶ 20-29.) Again, the Court will accept these statistical allegations as true for purposes of addressing this motion.

DISCUSSION

I. Legal Standards Governing a Motion to Dismiss

A. Rule 12(b)(1)

A defendant may move to dismiss a claim for lack of subject matter jurisdiction under Rule 12(b)(1) at any time. Fed.R.Civ.P. 12(b)(1); Iwanowa v. Ford Motor Co., 67 F.Supp.2d 424, 437-38 (D.N.J.1999). The defendant may facially challenge subject matter jurisdiction by arguing that the complaint, on its face, does not allege sufficient grounds to establish subject matter jurisdiction. Id. at 438. Under this standard, the Court assumes that the allegations in the complaint are true, and may dismiss the complaint only if it appears to a certainty that the plaintiff will not be able to assert a colorable claim of subject matter jurisdiction. Cardio-Medical Assoc., Ltd. v. Crozer-Chester Med. Ctr., 721 F.2d 68, 75 (3d Cir.1983); Iwanowa, 67 F.Supp.2d at 438.

A defendant can also attack subject matter jurisdiction by factually challenging the jurisdictional allegations set forth in the complaint. Iwanowa, 67 F.Supp.2d at 438. Under this standard, "no presumptive truthfulness attaches to plaintiffs allegations and the existence of disputed material facts will not preclude the Court from evaluating for itself the merits of jurisdiction claims." Pashun v. Modero, No. 92-3620, 1993 WL 185323, at *2, 1993 U.S. Dist. LEXIS 7147, at *6 (D.N.J. May 26, 1993). The Court may consider affidavits, depositions, and testimony to resolve factual issues and is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case. Iwanowa, 67 F.Supp.2d at 438. The defendant may factually attack subject matter jurisdiction at any stage in the litigation, including before the answer has been filed. Berardi v. Swanson Mem'l Lodge No. 48 of Fraternal Order of Police, 920 F.2d 198, 200 (3d Cir.1990) (explaining that a defendant may factually attack subject matter jurisdiction before filing an answer)'; see Pashun, 1993 WL 185323, at *2, 1993 U.S. Dist. LEXIS 7147, at *6.

The "issue of standing is jurisdictional". St. Thomas-St. John Hotel & Tourism Ass'n v. V.I., 218 F.3d 232, 240 (3d Cir.2000). A plaintiff seeking to invoke federal jurisdiction bears the burden of demonstrating standing, and a federal court must dismiss the underlying claim without reaching the merits if the plaintiff cannot meet the requirements of standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Mariana v. Fisher, 338 F.3d 189, 204-05 (3d Cir.2003).

B. Rule 12(b)(6)

The Court may dismiss a complaint for "failure to state a claim upon which relief can be granted". Fed. R.Civ.P. 12(b)(6). On a motion to dismiss, the Court generally must accept as true all of the factual allegations in the complaint, and must draw all reasonable inferences in favor of the plaintiff. Chubb Corp., 394 F.3d at 134; Doe v. Delie, 257 F.3d 309, 313 (3d Cir.2001). However, the Court need not credit bald assertions or legal conclusions alleged in the complaint. In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1429-30 (3d Cir.1997); Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir.1997). The plaintiffs "[f]actual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)". Bell Atl. Corp. v. Twombly, ___ U.S. ___, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007).

The Court, when considering a motion to dismiss, may generally not "consider matters extraneous to the pleadings." In re Burlington Coat Factory Sec, Litig., 114 F.3d at 1426. However, if the Court exercises discretion and permits a party to present matters outside the pleadings, the Court must (1) convert the motion to dismiss into one for summary judgment, and (2) allow the parties a reasonable opportunity to present all material pertinent to such a motion under Rule 56. See Fed. R.Civ.P. 12(b). An exception to this general rule is that the Court may consider (1) exhibits attached to the complaint, (2) matters of public record, and (3) all documents that are integral to or explicitly relied upon in the complaint without converting the motion to dismiss into one for summary judgment. Angstadt v. Midd-West Sch. Dis., 377 F.3d 338, 342 (3d Cir.2004).

II. Motion to Dismiss Standards Applied Here

A. Standing

Defendants assert that Plaintiffs' IDEA claim must be dismissed because they lack independent and representational standing. (Defs. Br., at 23.) With respect to independent standing, Defendants contend that it is unclear what legally protected interest Plaintiffs allege that Defendants have invaded. (Id. at 23-25.) Defendants also contend that Plaintiffs do not have prudential standing because, among other reasons, their claims are inconsistent with the purposes implicit in the IDEA and do not fall within the "zone of interest" established by the IDEA. (Id. at 25-26.) Moreover, Defendants assert that "Plaintiffs lack representational standing because their claims require a fact-intensive, individualized inquiry into the placement decisions of the [s]tudents, thus necessitating the participation of the [s]tudents." (Id. at 27.)

Plaintiffs note that Defendants' arguments regarding independent standing are irrelevant because they do not seek to redress any harm that they have personally suffered. (Pls. Br., at 17.) Plaintiffs argue that protection and advocacy groups such as plaintiff NJP & A have representational standing to bring an action on behalf of persons with disabilities. (Id. at 18.) Plaintiffs further argue that their claims do not require individual participation by their members and constituents because the complaint:

alleges systematic failures by Defendants to comply with the inclusion mandate of...