409 P.3d 1231
Wyo.2018Background
- SH, a student receiving special education under an IEP, slipped and was seriously injured on a school playground; guardians sued Campbell County School District for negligence and breach of the “IEP contract.”
- Complaint alleged the IEP required “adult supervision throughout the school day” and that the District breached that term.
- District court dismissed, holding the IEP is not a contract (lacking offer, acceptance, consideration) and governmental immunity barred the suit; SH appealed.
- The School District invoked the Wyoming Governmental Claims Act, which waives immunity only for certain claims, including those "based on a contract."
- The Wyoming Supreme Court reviewed de novo and focused on whether the IEP contains the contract element of consideration; it concluded consideration is absent because the IEP implements statutorily mandated educational duties.
- Because the IEP is not a contract, the contract exception to governmental immunity does not apply and the dismissal was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an IEP is a contract triggering the contract exception to governmental immunity | IEP is a contract: School promised specific services (e.g., adult supervision); guardians forewent alternatives in reliance (consideration). | IEP is statutory entitlement, not a contract; no consideration because performance is legally required and provided at no cost to parents. | IEP is not a contract; no consideration exists; contract exception to immunity does not apply. |
Key Cases Cited
- Parkhurst v. Boykin, 94 P.3d 450 (Wyo. 2004) (defines contract elements)
- Moorcroft State Bank v. Morel, 701 P.2d 1159 (Wyo. 1985) (definition of consideration)
- Schlesinger v. Woodcock, 35 P.3d 1232 (Wyo. 2001) (performance of a duty imposed by law is insufficient consideration)
- Van Duyn v. Baker Sch. Dist. 5J, 502 F.3d 811 (9th Cir. 2007) (IEP not treated as contract)
- Padilla v. Sch. Dist. No. 1, 233 F.3d 1268 (10th Cir. 2000) (IDEA purpose and limits on remedies)
- Bd. of Educ. v. Rowley, 458 U.S. 176 (1982) (IEP standard: reasonably calculated to confer educational benefit)
- Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49 (2005) (allocation of burden under IDEA)
- Bush Land Dev. Co. v. Crook Cty. Weed & Pest Control Dist., 388 P.3d 536 (Wyo. 2017) (standard of review for dismissal)