262 F. Supp. 3d 11
D. Conn.2017Background
- John Doe, a student with disabilities, and his mother (Plaintiffs) sued the East Lyme Board of Education under the IDEA after the Board failed to maintain services required by John’s 2008–2009 “Stay-Put” IEP beginning in 2010; the Second Circuit affirmed violations and remanded for calculation of remedies.
- The Second Circuit directed the district court to (1) calculate the total value of related services in the Stay‑Put IEP from April 27, 2010 to final judgment, (2) reimburse the parent for out‑of‑pocket covered services, and (3) award the remainder as compensatory education to commence after litigation.
- On remand, the district court held a bench trial (2016–2017), received expert testimony (Dr. Kemper) and the mother’s affidavits, and resolved factual disputes about provider qualifications, rates, and services actually paid for.
- The Board agreed the parent’s covered out‑of‑pocket expenditures through Sept. 7, 2016 amounted to $121,441.25; the parent later supplemented expenditures through Jan. 11, 2017.
- The court found some expenses (12.2 PT hours) were paid by insurance and disallowed them, found the Board must reimburse the parent for covered services and transportation (with interest), and calculated a monetary compensatory‑education award to be placed in escrow for John to use during college or for six years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reimbursement of out‑of‑pocket covered services | Doe: reimburse full amounts parent actually paid for covered services at fair‑market rates she faced | East Lyme: limit reimbursement after parent rejected Board‑proposed providers to amounts Board would have paid (district rates) | Court: reimburse parent for full reasonable market amounts she paid (except PT covered by insurance); award $36,555.94 through Jan. 11, 2017 plus interest (with possible supplement) |
| Provider qualification for Orton‑Gillingham (O/G) reading instruction | Doe: only AOGPE‑certified, highly trained O/G providers qualify for John given severity of dyslexia | East Lyme: certified reading teacher (Ms. Burke) with some O/G training is qualified; parent’s rejection improper | Court: Ms. Burke’s limited IMSE training (30 hrs, K–3 focus) made her inappropriate for John; parent’s refusal reasonable; reimburse amounts paid to qualified O/G providers |
| Transportation to covered services | Doe: Board should reimburse travel costs caused by Board’s failure to supply in‑home services | East Lyme: Stay‑Put IEP listed transportation N/A; Board not obligated | Court: reimburse transportation expenses incurred because Board ceased in‑home services — $6,698.04 through Jan. 11, 2017 (may be supplemented) |
| Compensatory education: amount, form, duration, and mechanics | Doe: compute monetary “just value” of Stay‑Put services at market rates available to parent, subtract reimbursements, and place remainder in escrow for John to use on analogous services through college | East Lyme: no compensatory education needed if no discernible lost progress; if awarded, limit to Board‑obtainable providers/rates or hours rather than a cash fund | Court: award compensatory education in dollars based on market rates available to parent; total value of covered services through judgment = $330,781, subtract reimbursements = $203,478.10; place that amount in escrow, open within 14 days, usable for enumerated analogous services, remain open six years or until John finishes college, unused funds revert to Board |
Key Cases Cited
- Doe v. East Lyme Bd. of Educ., 790 F.3d 440 (2d Cir. 2015) (directing remand to calculate full value of stay‑put services, reimburse parent, and award compensatory education)
- Reid ex rel. Reid v. District of Columbia, 401 F.3d 516 (D.C. Cir. 2005) (compensatory award must be reasonably calculated to provide benefits that likely would have accrued from services the district should have supplied)
- Burlington v. Dep’t of Educ. of Mass., 471 U.S. 359 (1985) (IDEA remedial relief is equitable and must be appropriate to the Act’s purpose)
- Board of Educ. v. Rowley, 458 U.S. 176 (1982) (basic IDEA standard: individualized instruction and related services designed to provide educational benefit)
- Streck v. Bd. of Educ. of the E. Greenbush Cent. Sch. Dist., [citation="408 F. App'x 411"] (2d Cir.) (endorsing placement of compensatory education value in escrow to fund future services)