861 F.3d 769
8th Cir.2017Background
- R.M.M., a Minnesota student, attended a nonpublic (Catholic) school from kindergarten; after academic struggles she was evaluated by Minneapolis Public Schools (MPS) and found eligible for special education (FAPE) in 5th grade.
- MPS proposed a limited individual services plan (two 30‑minute reading and two 30‑minute writing sessions per week), delivered by busing R.M.M. out of her private school twice weekly; parents briefly accepted part‑time services but later withdrew her until she enrolled full time in MPS for 6th grade.
- R.M.M.’s parents filed an MDE complaint and requested an impartial due process hearing alleging MPS denied R.M.M. a FAPE while she attended the private school; an ALJ denied MPS’s motion to dismiss and found a FAPE denial after hearing.
- MPS appealed to federal district court arguing (1) federal IDEA does not give parentally‑placed private school students an individual right to a FAPE or to a due process hearing, and (2) the ALJ lacked jurisdiction; the district court held Minnesota law grants private school students both rights and denied MPS’s appeal.
- The Eighth Circuit reviewed de novo whether Minnesota law exceeds IDEA’s federal minimums to (a) confer an individual right to a FAPE on nonpublic students and (b) permit an impartial due process hearing to resolve such claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minnesota law grants an individual right to a FAPE to students attending nonpublic schools | Minnesota: Minn. Stat. §125A.18 (shared‑time) + §125A.03 (defines "special instruction and services" as FAPE) requires districts to provide a FAPE to eligible nonpublic students | MPS: Minnesota mirrors IDEA: private students only get proportionate group funding and availability, not individual FAPE rights | Held: Minnesota law, read plainly and consistent with state precedent, requires districts to provide a FAPE to eligible nonpublic students on a shared‑time basis (affirmed) |
| Whether parents/students have access to an impartial due process hearing under Minnesota law to challenge FAPE provision | Minnesota: Minn. Stat. §125A.091 entitles parents to impartial due process when dispute arises over provision of a FAPE | MPS: "parties serving students" in §125A.18 refers to public districts; federal regs bar due process for parentally‑placed private students challenging services | Held: Parents and students have a right to an impartial due process hearing under Minnesota law; federal law also permits enforcement of state standards exceeding IDEA minimums, so due process is available (affirmed) |
Key Cases Cited
- Fort Zumwalt Sch. Dist. v. Clynes, 119 F.3d 607 (8th Cir. 1997) (standard of appellate review and IDEA context)
- Gill v. Columbia 93 Sch. Dist., 217 F.3d 1027 (8th Cir. 2000) (states may impose requirements beyond IDEA minimums)
- Endrew F. ex rel. Joseph F. v. Douglas Cnty. Sch. Dist. RE‑1, 137 S. Ct. 988 (2017) (IDEA guarantees a FAPE defined by individualized educational program standards)
- John T. v. Marion Indep. Sch. Dist., 173 F.3d 684 (8th Cir. 1999) (effect of IDEA amendments on private‑school student rights)
- Foley v. Special Sch. Dist. of St. Louis Cnty., 153 F.3d 863 (8th Cir. 1998) (pre‑1997 vs post‑1997 private school service rights analysis)
- Peter v. Wedl, 155 F.3d 992 (8th Cir. 1998) (discussion of IDEA amendments and limits on private school student individual entitlements)
- Indep. Sch. Dist. No. 281 v. Minn. Dep’t of Educ., 743 N.W.2d 315 (Minn. Ct. App. 2008) (state court holding that §125A.18 prohibits districts from denying special instruction and services to nonpublic students)