794 F. Supp. 2d 133
D.D.C.2011Background
- A.G. was found eligible for special education and related services due to an emotional disability.
- DCPS funded A.G.’s prior residential treatment at Wediko; after discharge, a plan for wrap-around services was sought.
- MDT deferred IEP development; parents privately funded wrap-around services beginning Feb 2008.
- November 2008 IEP failed to include wrap-around services; parents requested reimbursement.
- Hearing Officer found a FAPE denial and ordered prospective wrap-around funding but denied reimbursement for past costs due to lack of cost evidence.
- Court grants summary judgment for reimbursement and allows additional evidence on costs; defendant’s cross-motion denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCPS denial of FAPE was proper given lack of wrap-around services | Grosse et al. assert DCPS failed to provide a proper IEP. | DCPS contends the IEP was adequate and reimbursement was unwarranted. | No; DCPS denial of FAPE found; court agrees issue warranted remedy. |
| Whether plaintiffs are entitled to retroactive reimbursement for wrap-around services | Parents incurred costs for private wrap-around services due to FAPE denial. | Reimbursement not proper absent explicit cost evidence at hearing. | Yes; reimbursement awarded consistent with IDEA equity principles. |
| Whether the court should permit additional cost evidence to determine amount | Costs were not admitted due to hearing procedures; evidence should be considered. | Evidence should have been presented during the hearing; late submission not allowed. | Yes; court will receive additional cost evidence to fashion remedy. |
Key Cases Cited
- Burlington School Committee v. Department of Education of Massachusetts, 471 U.S. 359 (U.S. 1985) (broad IDEA remedial authority; retroactive relief appropriate)
- Carter v. Florence County School District Four, 510 U.S. 7 (U.S. 1993) (remedial discretion under IDEA requires appropriate relief)
- Reid ex rel. Reid v. District of Columbia, 401 F.3d 516 (D.C. Cir. 2005) (courts may review for appropriate relief with deference to hearing officer findings)
- Gill v. District of Columbia, 751 F. Supp. 2d 104 (D.D.C. 2010) (allowing case-specific evidence to determine appropriate compensatory education remedy)
- Forest Grove School District v. TA, 557 U.S. 230 (U.S. 2009) (remedies must be fully adequate to ensure a child’s FAPE)
- Walker v. District of Columbia, 969 F. Supp. 794 (D.D.C. 1997) (parents entitled to reimbursement when private placements are later deemed appropriate)