In the Matter of: J.J.E., a minor through his parent and natural guardian Sherrie Williams, Relator v. Independent School District 279 (Osseo Area Public Schools), Office of Administrative Hearings
A16-828
| Minn. Ct. App. | Jan 17, 2017Background
- Student J.J.E., a high-school special-education student with academic and behavioral needs, previously received five hours/week of one-on-one instruction at home under a Columbia Heights IEP and passed his classes.
- Family moved to Independent School District 279 (Osseo) before 2015–2016; district received prior IEP and proposed to continue one-on-one services temporarily then reassess.
- Parent (Williams) refused district proposals because they did not guarantee at-home instruction and would interfere with football; she signed prior written notices (PWNs) later that reflected a shortened in-class schedule instead of at-home services.
- Williams filed administrative hearing requests alleging the district failed to implement the IEP and sought at-home instruction and compensatory relief; the district proposed a full-day, in-school IEP and asked for a hearing to approve it.
- An ALJ held a consolidated hearing, found the district followed IDEA procedures, concluded the IEP (as modified by PWNs) did not require at-home instruction, found the district’s full-day IEP would provide a FAPE in the least-restrictive environment, and denied Williams’s disqualification motion and relief.
- The Court of Appeals affirmed the ALJ: procedural compliance and substantive adequacy were supported by substantial evidence; no demonstrated judicial bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district violated IDEA procedures when changing/implementing IEP | Williams: district failed to follow procedural safeguards and changed the IEP to eliminate at-home instruction without proper consent | District: gave notice, held conciliation, and PWNs reflecting agreement; IEP as modified did not require home instruction | Court: Affirmed ALJ — substantial evidence that district followed procedures and Williams agreed to PWNs |
| Whether district failed to implement IEP or provide FAPE by not providing at-home instruction | Williams: absence of at-home one-on-one instruction denied FAPE and required compensatory services | District: in-school, shortened/full-day programs and proposed full-day IEP provided educational benefit in least-restrictive environment | Court: Affirmed ALJ — evidence of academic progress and social/behavioral improvement supports that IEP provided FAPE |
| Whether the district’s proposed full-day IEP was appropriate | Williams: full-day placement would harm participation (e.g., football) and fail to meet needs | District: full-day placement supported by staff testimony as better for behavior, socialization, and post-secondary prospects | Court: Affirmed ALJ — proposed full-day IEP reasonably calculated to provide educational benefit |
| Whether the assigned ALJ should have been disqualified for bias | Williams: ALJ was biased, yelled, mocked, deleted record content, and gave district unfair advantage | District: ALJ conduct was appropriate; no substantial proof of prejudice | Court: Affirmed ALJ — record does not show bias; Williams did not meet burden to show prejudice |
Key Cases Cited
- Rowley v. Board of Education, 458 U.S. 176 (explains two-step FAPE analysis and that IDEA does not guarantee maximizing potential)
- Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49 (burden of proof in administrative IDEA hearings lies with party seeking relief)
- Blackmon v. Springfield R-XII Sch. Dist., 198 F.3d 648 (lists required IEP components)
- Independent Sch. Dist. No. 283 v. S.D. by J.D., 88 F.3d 556 (IDEA’s preference for least-restrictive environment and presumption favoring in-school placement)
- CJN v. Minneapolis Pub. Schs., 323 F.3d 630 (IEP must address particular academic and behavioral disabilities)
- Bradley ex rel. Bradley v. Arkansas Dep’t of Educ., 443 F.3d 965 (IDEA does not require furnishing every special service necessary to maximize potential)