39 F. Supp. 3d 584
M.D. Penn.2014Background
- Jana K., a student in Annville-Cleona School District, alleged IDEA and Section 504 violations for failure to identify and provide FAPE.
- Hearing Officer found a Child Find violation and awarded 30 minutes per week of compensatory education for Feb 24, 2010 through end of 2010-2011.
- District moved to dismiss as untimely or limit scope; hearing officer limited claims to post-February 24, 2010 findings.
- Court reviews under a modified de novo standard; addresses statute of limitations, Child Find, and FAPE, with compensatory education as remedy.
- Court adopts a “2+2” view of the IDEA limitations: two years to file, two-year look-back, and continuing-violation principles for ongoing deprivation.
- Court concludes District violated Child Find and deprived Jana of a FAPE; awards full-days compensatory education for the statutory period due to pervasive educational decline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper statute of limitations interpretation | KOSHK date governs timely filing; look-back allows post-KOSHK violations. | Two-year window from filing, with limited scope pre-dating filing. | Court adopts two-year filing plus look-back interpretation; 2+2 framework applied. |
| Whether the District violated Child Find obligations | District should have identified Jana as potentially eligible and evaluated earlier. | No timely trigger or independent basis to require evaluation earlier. | District violated Child Find by failing to identify/evaluate Jana timely. |
| Whether the Child Find violation caused a substantive denial of FAPE | Procedural failure translated into denial of meaningful educational benefit. | District provided some services; harm not clearly shown. | Procedural violation resulted in denial of a FAPE; compensatory education appropriate. |
| Appropriate amount of compensatory education | Full days compensatory education warranted; 30 minutes per week too little. | Award of 30 minutes per week adequately compensates for deprivation. | Full days compensatory education awarded due to pervasive impact of deprivation. |
| Relation to Section 504 claims | Same theory under IDEA applies to Section 504 claims. | Not separately argued if IDEA claim resolved. | IDEA framework governs Section 504 claims; decision on IDEA controls. |
Key Cases Cited
- M.C. v. Central Regional Sch. Dist., 81 F.3d 389 (3d Cir. 1996) (compensatory education must place student in position absent IDEA violations)
- D.K. v. Abington Sch. Dist., 696 F.3d 233 (3d Cir. 2012) (Child Find and FAPE obligations; two-year statute of limitations; continuation doctrine)
- P.P. ex rel. Michael P. v. West Chester Area Sch. Dist., 585 F.3d 727 (3d Cir. 2009) (two-year limitation applies to IDEA actions; scope under b(6)(B))
- Reid ex rel. Reid v. District of Columbia, 401 F.3d 516 (D.C. Cir. 2005) (compensatory education is equitable, not a fixed hour-for-hour remedy)
- Keystone Cent. Sch. Dist. v. E.E. ex rel. H.E., 438 F.Supp.2d 519 (M.D. Pa. 2006) (compensatory education tailored to individual needs, not cookie-cutter hours)