935 F. Supp. 2d 177
D.D.C.2013Background
- Garmany sues the District of Columbia under IDEA, challenging D.G.'s suspensions and the January IEP and BIP.
- An MDT met January 11, 2010 to review the 2009 IEP and draft a January IEP with an accompanying BIP.
- D.G. was disciplined (ISS and OSS) around late January and early February 2010, leading to the due process filing on February 5, 2010.
- DCPS issued a February 19, 2010 IEP (February IEP) and placed D.G. at Hamilton Academy for provision of services.
- The hearing officer dismissed the petition in March 2010, ruling the January suspension did not violate the January IEP and Hamilton could implement the February IEP.
- Cross-motions for summary judgment were filed; the court weighed whether there was a material failure to implement the January IEP and whether Hamilton was an appropriate placement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the January IEP was improperly implemented | Garmany contends suspensions violated the January IEP and BIP. | DCPS argues no material failure to implement the January IEP; ISS was allowed and the OSS was not a material violation. | District granted summary judgment; no failure to implement the January IEP. |
| Whether Hamilton was an appropriate placement for the February IEP | Garmany argues insufficient parental participation and that Hamilton could not implement the February IEP. | DCPS maintains Hamilton could implement the February IEP and afforded adequate procedural process. | District granted summary judgment; Hamilton was an appropriate placement. |
Key Cases Cited
- Houston Ind. Sch. Dist. v. Bobby R., 200 F.3d 349 (5th Cir. 2000) (materiality standard for failure-to-implement IEPs)
- Wilson v. District of Columbia, 770 F. Supp. 2d 270 (D.D.C. 2011) (materiality inquiry; de minimis vs substantial noncompliance)
- J.N. v. District of Columbia, 677 F. Supp. 2d 314 (D.D.C. 2010) (parental participation in placement decisions)
- Long v. District of Columbia, 780 F. Supp. 2d 49 (D.D.C. 2011) (need for meaningful parental participation in placement decisions)
- Schoenbach v. District of Columbia, 309 F. Supp. 2d 71 (D.D.C. 2004) (standards for evaluating IEP appropriateness)
- O.O. ex rel. Pabo v. District of Columbia, 573 F. Supp. 2d 41 (D.D.C. 2008) (placement decisions and conformity with IEP requirements)
- Abney ex rel. Kantor v. District of Columbia, 849 F.2d 1491 (D.C. Cir. 1988) (regarding administrative proceedings and standards)
- Kerkam v. McKenzie, 862 F.2d 884 (D.C. Cir. 1988) (principles against substituting policy for school judgment)