770 F. Supp. 2d 270
D.D.C.2011Background
- Wilson sues the District of Columbia on behalf of minor A.W. under the IDEA for denial of a free appropriate public education due to lack of ESY transportation.
- IEP team in April 2009 set ESY services July 1–31, 2009 and transportation was part of the ESY plan; DCPS failed to provide transportation for the first three weeks.
- A.W. was identified as multiply disabled and attended Phillips School of Laurel in Maryland; ESY aimed at counseling, therapy, and academic/behavioral development.
- DCPS transportation was delayed because lists were not ready; mother Wilson was told transportation would begin in ten days.
- Hearing Officer found no IDEA violation due to lack of demonstrable educational harm from missing ESY transportation.
- Court grants Wilson summary judgment on violation, remands for a factual, discretionary determination of appropriate compensatory education.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Hearing Officer erred in finding no IDEA violation | Wilson; material deviation from IEP constitutes violation | District; require evidence of educational harm | Yes; material deviation shown; constitutes violation |
| Whether compensatory education is warranted and amount | Remand for assessment and awarding compensatory services | Record lacks basis for award | Remand to determine appropriate compensatory education under Reid standard |
Key Cases Cited
- Van Duyn ex rel. Van Duyn v. Baker Sch. Dist. 5J, 502 F.3d 811 (9th Cir. 2007) (material failure to implement IEP requires more than de minimis deviation)
- S.S. ex rel. Shank v. Howard Road Acad., 585 F. Supp. 2d 56 (D.D.C. 2008) (materiality focus on services required vs. provided)
- Catalan ex rel. E.C. v. District of Columbia, 478 F. Supp. 2d 73 (D.D.C. 2007) (adopts materiality standard for failure to implement IEP)
- Reid ex rel. Reid v. District of Columbia, 401 F.3d 516 (D.C. Cir. 2005) (remand for compensatory education evaluation under Reid framework)
- Bobby R. v. Houston Independent Sch. Dist., 200 F.3d 341 (5th Cir. 2000) (standard: material or substantial deviation from IEP necessary)