Q.C-C. v. Dist. of Columbia

164 F.Supp.3d 35

Q.C-C., et al. Plaintiffs,

v.District of Columbia, Defendant.

Civil Action No.: 15-00400 (RC)

United States District Court, District of Columbia.

Signed February 16, 2016

Michael J. Eig, Paula Amy Rosenstock, Michael J. Eig & Associates, PC, Chevy Chase, MD, for Plaintiffs.

Laura George, Office of Attorney General, Washington, DC, for Defendant.

MEMORANDUM OPINION

Granting Plaintiffs' Motion for Summary Judgment and Denying Defendant's Motion for Summary Judgment

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Plaintiffs R.C. and M.C. brought this action on behalf of themselves and their daughter Q.C-C.¹ under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. (the “IDEA”) against Defendant the District of Columbia (the “District”). Plaintiffs appeal from an administrative decision that, in relevant part, found that the District of Columbia Public Schools (“DCPS”) denied Q.C-C. a free appropriate public education as required by the IDEA but declined to order the relief requested by Plaintiffs. Before the Court are the parties' cross-motions for summary judgment. See Pls.' Mot. Summ. J., ECF No. 9; Def.'s Opp'n Pls.' Mot. Summ. J. & Def.'s Cross-Mot. Summ. J., ECF No. 11. For the reasons provided below, the Court will grant Plaintiffs' motion and deny the District's motion.

II. BACKGROUND

The Court begins by providing an overview of the framework of the IDEA before turning to the factual background and procedural history of this case.

A. Statutory Framework

Under the IDEA, “every child with a disability in this country is entitled to a ‘free appropriate public education,’ or FAPE.” Leggett v. District of Columbia , 793 F.3d 59, 62 (D.C.Cir.2015) (quoting 20 U.S.C. § 1400(d)(1)(A) ). The “primary purpose” of the Act is “ ‘to ensure that all children with disabilities have available to them a[n] ... education that emphasizes special education and related services designed to ... prepare them for further education, employment, and independent living.’ ” Id. (quoting 20 U.S.C. § 1400(d)(1)(A) ) (alteration in original). “A free appropriate public education entitles ‘each child with a disability’ to an ‘individualized education program’ that is tailored to meet his or her unique needs.” Henry v. District of Columbia , 750 F.Supp.2d 94, 96 (D.D.C.2010) (quoting 20 U.S.C. §§ 1414(d)(1)(A)–(2)(A) ).

The individualized education program (the “IEP”) is the “primary vehicle” for implementing the IDEA. Lesesne ex rel. B.F. v. District of Columbia , 447 F.3d 828, 830 (D.C.Cir.2006). The IEP is “[p]repared at meetings between a representative of the local school district, the child's teacher, the parents or guardians, and, whenever appropriate, the disabled child.” Id. It “sets out the child's present educational performance, establishes annual and short-term objectives for improvements in that performance, and describes the specially designed instruction and services that will enable the child to meet those objectives.” Id.

When the parents of a student with a disability are dissatisfied with a school district or agency's “identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child,” 20 U.S.C. § 1415(b)(6), the IDEA entitles them to present their arguments in an “impartial due process hearing,” id. § 1415(f). Any party aggrieved by the hearing officer's determination may bring a civil action in state or federal court. See id. § 1415(i)(2). The IDEA also contains a “stay put” provision, which provides that during the pendency of any of these proceedings, the student must remain in his or her current educational placement unless otherwise agreed. See id. § 1415(j).

B. Factual Background

Q.C-C. is a minor living in the District of Columbia with her parents, who adopted her from Guatemala when she was an infant. See AR 379. Q.C-C. has been diagnosed with Attention Deficit Hyperactive Disorder (“ADHD”), a phonological disorder, Mixed Receptive-Expressive Language Disorder, a reading disorder, and a disorder of written expression. See AR 384; AR 750.

From kindergarten through the fourth grade, Q.C-C. attended Oyster-Adams Bilingual School (“Oyster-Adams”), a public school within the DCPS system. See AR 383; AR 750. In March and April 2010, while Q.C-C. was in the third grade at Oyster-Adams, DCPS conducted a psychological evaluation of Q.C-C. and determined that she was eligible for special education and related services pursuant to the IDEA as a student with a disability classification of “Other Health Impairment.” See AR 262; AR 750–51. As a result, Q.C-C. received some limited additional support during the remainder of the school year. See AR 751. Q.C-C.'s fourth grade year at Oyster-Adams, the 2010–2011 school year, was “rough” for her both academically and socially. AR 751. She struggled in all but one of her classes, was bullied, and lost friends and self-esteem. See id.

Q.C-C.'s parents, concerned about her difficulties in fourth grade, engaged the services of a special education consultant, Dr. Laura Solomon. See id. ; Tr. Day 1 at 37:8–22, ECF No. 8-8; AR 261–75 (Diagnostic Educational Evaluation by Dr. Solomon dated Feb. 13, 2011). In February 2011, Dr. Solomon observed Q.C-C. in classes at Oyster-Adams, reviewed her educational records, conducted tests, and interviewed her parents. See AR 263–74; AR 751. Dr. Solomon concluded that Q.C-C. “requires a more intensive program than she is currently receiving.” AR 274; see also AR 751. Noting that Q.C-C. had ADHD, “significant dyslexia ” and “multiple” other learning disabilities, Dr. Solomon opined that Q.C-C. needed, among other things, classes with a smaller teacher-to-student ratio, counseling, and intervention from an occupational therapist and a speech language pathologist, along with systematic instruction in strategies for attention and executive functioning. AR 274; see also AR 751. Dr. Solomon recommended that Q.C-C.'s parents consider two schools for Q.C-C., one of which was The Lab School of Washington (“Lab”), a private full-time special education day school. See AR 274; AR 751.

Following Dr. Solomon's recommendation, Q.C-C.'s parents unilaterally enrolled Q.C-C. at Lab for the 2011–2012 school year, Q.C-C.'s fifth grade year. See AR 751. In January 2012, Q.C-C.'s parents filed a due process complaint against DCPS alleging violations of the IDEA and, in June 2012, a hearing officer determined that DCPS denied Q.C-C. a FAPE by failing to invite Q.C-C.'s parents to an IEP meeting in January 2012, by developing an IEP that was not individually tailored to meet Q.C-C.'s needs, and by failing to provide an appropriate educational placement for the second half of the 2011–2012 school year. See AR 39–74 (Hearing Officer Determination dated June 28, 2012). Finding that Lab was “appropriate” under the IDEA, the hearing officer ordered DCPS to reimburse Q.C-C.'s parents for all costs of Q.C-C.'s attendance at Lab from January 31, 2012 through August 31, 2012.² See AR 71. Q.C-C. has continued her education at Lab since the 2011–2012 school year with DCPS continuing to fund her placement. See AR 751.

In October 2013, during Q.C-C.'s seventh grade year at Lab, Q.C-C.'s parents filed another due process complaint against DCPS, claiming that, despite DCPS's continued funding of Q.C-C.'s placement at Lab, DCPS had failed to propose a program or placement for Q.C-C. See AR 752. Q.C-C.'s parents and DCPS settled that complaint in December 2013. See id. ; AR 550–52 (settlement agreement signed Dec. 5, 2013). As part of the settlement, DCPS agreed to continue paying for Q.C-C.'s placement at Lab through June 19, 2014, evaluate Q.C-C., review and revise her IEP at a meeting before June 19, 2014, and determine a location of service following the meeting. See AR 551. Q.C-C.'s parents agreed to visit the proposed location of service and retained the right to challenge the proposed IEP and placement. See id.

Pursuant to the settlement, DCPS conducted several reviews and evaluations in April and May of 2014. In April 2014, a DCPS school psychologist conducted an evaluation by reviewing Q.C-C.'s school records, observing Q.C-C. in class for 35 minutes, and interviewing one of Q.C-C.'s teachers and prepared a report which recommended that Q.C-C. continue to be considered eligible for special education services under the “Other Health Impairment” designation. See AR 554–60. A DCPS speech language pathologist, Judith Edgehill, also conducted an assessment by reviewing records, including test results and questionnaire responses by Q.C-C.'s teachers, observing Q.C-C. in one class, and concluded that Q.C-C. did not have a distinct Speech and/or Language Impairment as a “primary disabling condition” but that DCPS should consider whether Q.C-C. was eligible to receive “oral communication related services.” AR 561–79 (emphasis omitted). A DCPS occupational therapist conducted an assessment by reviewing records, observing Q.C-C. in class, and conducting interviews and concluded that Q.C-C.'s “decreased muscle tone, endurance and postural stability .... combined with inattentiveness and ineffective sensory processing affect her ability to keep pace and fully engage in daily activities.” AR 580–88. A DCPS social worker also prepared a report based on records, a 35-minute classroom observation, and interviews and concluded that Q.C-C. “is a vulnerable child who requires significant supports to be successful in accessing her academic program and maintaining emotional stability.” AR 589–96. Alexandra Lemus, Q.C-C.'s fourth-grade special education reading teacher from Oyster-Adams, also observed Q.C-C. for 30 minutes during one of her classes at Lab. See AR 622; AR 753; Tr. Day 2 at 48:20–52:14, ECF No. 8-9.

On April 7, 2014, Lab held an annual meeting to discuss Q.C-C.'s progress and need for support and to revise the IEP for her continued education at Lab. See AR 327; AR 752–53. DCPS...