N.P. Ex Rel. S.P. v. Maxwell
711 F. App'x 713
| 4th Cir. | 2017Background
- N.P., a twice-exceptional (gifted with dyslexia, auditory processing disorder, ADHD) middle-school student, received an IEP from Prince George’s County Public Schools providing specialized small-group instruction and accommodations beginning in 2012–13.
- After a private-summer program in 2013, N.P. returned to public school but struggled; the district provided additional testing, paraprofessional support, and by 2014–15 placed him in a Talented and Gifted classroom while still offering his IEP services.
- Parents instead enrolled N.P. in a private school for 2014–15 and sought tuition reimbursement, claiming the public IEP failed to provide a FAPE. An ALJ held a three-day hearing, reviewed extensive exhibits, and ruled for the school system.
- The parents appealed to the district court, which reversed the ALJ and ordered reimbursement based on the administrative record; the school system appealed to the Fourth Circuit.
- The Fourth Circuit stayed the appeal pending the Supreme Court’s Endrew decision; after Endrew, the Fourth Circuit vacated the district court’s judgment and remanded, holding the district court failed to give proper “due weight” to the ALJ’s factual findings and credibility determinations and instructing further proceedings under Endrew.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether N.P. was denied a FAPE for 2014–15 such that parents are entitled to private-school reimbursement | Public school IEP did not enable N.P. to make appropriate progress given his disabilities | IEP and provided services (specialized instruction, assistants, accommodations) were reasonably calculated to enable progress | Remanded: ALJ’s finding that IEP provided FAPE entitled to deference; district court failed to explain rejecting those findings and must reconsider under Endrew standard |
| Whether district court gave proper deference to ALJ factual findings and credibility determinations | District court found administrative record supported reversal | ALJ’s detailed factual and credibility findings were prima facie correct and warranted deference | District court erred by substituting its credibility assessments without explaining why; vacated and remanded for proper application of "due weight" |
| Appropriate standard for assessing adequacy of IEP after Endrew | Parents: higher standard that ensures meaningful progress appropriate to child’s circumstances | School: prior practice and evidence-supported educator judgments should be afforded deference | Court instructed application of Endrew’s standard (IEP reasonably calculated to enable progress appropriate in light of child’s circumstances) and remanded for proceedings consistent with Endrew |
| Remedy on appellate review (decide merits vs. remand) | Parents sought judgment ordering reimbursement | School sought reversal and remand | Court chose remand so ALJ can apply Endrew in first instance and because district court failed to explain departures from ALJ findings |
Key Cases Cited
- Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 137 S. Ct. 988 (2017) (articulates the standard that an IEP must be reasonably calculated to enable progress appropriate in light of the child’s circumstances)
- Bd. of Educ. v. Rowley, 458 U.S. 176 (1982) (prior test that an IEP must confer some educational benefit)
- Sch. Comm. of Burlington v. Dep’t of Educ. of Mass., 471 U.S. 359 (1985) (authorizes reimbursement for private placement when public IEP fails to provide FAPE)
- M.M. ex rel. D.M. v. Sch. Dist. of Greenville Cty., 303 F.3d 523 (4th Cir. 2002) (explains due-weight deference owed to administrative findings in IDEA review)
- A.B. ex rel. D.B. v. Lawson, 354 F.3d 315 (4th Cir. 2004) (district courts must explain when rejecting ALJ credibility assessments)
- Cty. Sch. Bd. of Henrico Cty. v. Z.P. ex rel. R.P., 399 F.3d 298 (4th Cir. 2005) (administrative factual findings are not entitled to deference if not regularly made)