District of Columbia v. Pearson
923 F. Supp. 2d 82
D.D.C.2013Background
- J.P. is a 16-year-old eligible for special education under IDEA with an IEP placed in a Virginia non-public school (Accotink Academy) in 2010.
- MDT revised J.P.’s IEP on December 10, 2010 to provide 26 hours/week specialized instruction and 240 hours/week behavioral support.
- During 2010-11, J.P. had disciplinary incidents, deteriorating grades, and 77 absences.
- June 7, 2011 MDT proposed moving placement to Woodson High (DC public school); mother opposed and a due process complaint was filed June 9, 2011.
- A pre-hearing conference (July 11-20, 2011) limited issues to placement and LRE; the HOD (August 23, 2011) found no denial of FAPE but ordered a service provider for daily routine and related supports; the District appeals and maternal cross-motion followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the service-provider requirement exceeded the hearing officer’s scope | DCPS: issue not raised in complaint; improper remedy | Mother: truancy/emotional issues discussed; remedy appropriate | Vacated the service-provider remedy; rest of HOD affirmed |
| Whether the remedy and findings were supported by the administrative record | DCPS: no denial of FAPE; remedy unsupported | Mother: issues of truancy and daily supervision were raised | Remedy vacated; other findings upholding no FAPE denial remain unaffected |
Key Cases Cited
- Reid v. District of Columbia, 401 F.3d 516 (D.C. Cir. 2005) (court conducts rigorous review yet gives weight to the hearing officer; party bears burden)
- Gill v. District of Columbia, 751 F. Supp. 2d 104 (D.D.C. 2010) (remedies must be fact-specific and reasonably calculated to meet needs)
- Scorah v. District of Columbia, 322 F. Supp. 2d 12 (D.D.C. 2004) (awards require evidentiary support in the record)
- Ojai Unified Sch. Dist. v. Jackson, 4 F.3d 1467 (9th Cir. 1993) (bench-trial style review on the administrative record; not de novo)
- Thomas v. District of Columbia, 407 F. Supp. 2d 102 (D.D.C. 2005) (summary adjudication on the IDEA record rather than traditional summary judgment)