A.G. ex rel. S.G. v. Wissahickon School District

374 F. App'x 330
CourtCourt of Appeals for the Third Circuit
DecidedMarch 29, 2010
DocketNos. 08-3966, 09-2775
StatusPublished

This text of 374 F. App'x 330 (A.G. ex rel. S.G. v. Wissahickon School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.G. ex rel. S.G. v. Wissahickon School District, 374 F. App'x 330 (3d Cir. 2010).

Opinion

OPINION

BARRY, Circuit Judge.

A.G., by and through her mother, filed for a due process hearing challenging, among other things, the Wissahickon School District’s (the “District”) provision of a free appropriate public education (“FAPE”) and its compliance with the Individuals with Disabilities Education Act’s (“IDEA”) mainstreaming requirement.1 The Pennsylvania Appeals Panel ordered the District to include A.G. in one regular, academic course and denied compensatory education. The District Court affirmed and, in a later order, denied A.G.’s application for attorneys’ fees. We will affirm both orders.

I.

A.G. is a non-verbal, highly distractible eighteen-year-old. She suffers from severe mental retardation, has static, non-progressive encephalopathy, vision problems, and developmental delays. She is unable to identify letters, numbers, or colors, cannot match items, and has difficulty dressing, undressing, eating, grasping a pencil, and brushing her teeth. She is not yet toilet trained.

The District proposed that A.G. be placed in a full-time life skills support class for the 2003-2004 school year, and provided for A.G.’s mainstreaming for school assemblies, lunch, homeroom, gym, and recess. That placement prompted A.G. to file an administrative action in Pennsylvania alleging, among other things, that: (1) she was denied a FAPE because the District failed to educate her in the least restrictive environment (“LRE”); and (2) that denial entitled her to compensatory education. The Hearing Officer concluded that because A.G. was not educated in the LRE, she was denied a FAPE, and directed that she be fully mainstreamed and awarded compensatory education. The Appeals Panel, however, ordered that A.G. need only be mainstreamed for lunch, recess, physical education, homeroom, music, art, and one academic class, and reversed the compensatory education order.

A.G. then filed an action in federal court seeking full mainstreaming and compensatory education. In light of the Supreme Court’s opinion in Schaffer v. Weast, 546 U.S. 49, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005), however, which shifted the burden of persuasion in IDEA cases, the District Court remanded the matter to the Hearing Officer. In 2006, the Hearing Officer again concluded that A.G. was not provided education in the LRE, and again ordered compensatory education and that A.G. be fully mainstreamed. The Appeals Panel once more disagreed. The Appeals Panel concluded that A.G. should be mainstreamed in at least one academic class and reversed the requirement of compensatory education.

The District Court affirmed, concluding that the District provided A.G. with a [333]*333FAPE and that compensatory education was improper. In a separate order, the Court denied A.G.’s motion for attorneys’ fees related to the 2006 administrative proceedings.2

II.

Where a state has a two-tiered administrative structure, the federal court should begin its review with the appellate opinion. Carlisle Area Sch. v. Scott P., 62 F.3d 520, 528-29 (3d Cir.1995). A district court reviews the administrative determination under a modified de novo standard. L.E. v. Ramsey Bd. of Educ., 435 F.3d 384, 389 (3d Cir.2006). Factual findings are based on a preponderance of the evidence with “due weight” afforded to the agency’s determinations. Shore Reg’l High Sch. Bd. of Educ. v. P.S., 381 F.3d 194, 199 (3d Cir.2004).

We exercise plenary review over questions of law, but review a district court’s factual findings for clear error. Ramsey Bd. of Educ., 435 F.3d at 389 (quotation omitted). We review a district court’s denial of attorneys’ fees for abuse of discretion. Pardini v. Allegheny Intermediate Unit, 524 F.3d 419, 422 (3d Cir.2008).

III.

A.

The IDEA provides that school districts must to the “maximum extent appropriate” educate children with disabilities “with children who are not disabled.” 20 U.S.C. § 1412(a)(5)(A). Referred to as the IDEA’S mainstreaming component, the statute requires that a disabled child be placed in the LRE. See Ramsey Bd. of Educ., 435 F.3d at 390.

In Oberti v. Board of Education, we set forth a two-part test to determine whether a school district is complying with the mainstreaming requirement. 995 F.2d 1204, 1215 (3d Cir.1993). First, a “court must determine whether education in the regular classroom, with the use of supplementary aids and services, can be achieved satisfactorily.” Id. (quotation omitted). Second, if placement outside the regular classroom is necessary, then a “court must decide whether the school has mainstreamed the child to the maximum extent appropriate.” Id.

With respect to the first inquiry, Oberti required that a court consider:

(1) whether the school district has made reasonable efforts to accommodate the child in a regular classroom; (2) the educational benefits available to the child in a regular class, with appropriate supplementary aids and services, as compared to the benefits provided in a special education class; and (3) the possible negative effects of the inclusion of the child on the education of the other students in the class.

Id. at 1217-18.

The first factor calls upon us to determine whether the District considered the “whole range of supplemental aids and services,” including “efforts to modify the regular education program to accommodate” A.G. Id. at 1216. Mere token gestures are insufficient. Id. Here, the District implemented numerous supplemental aids and services, including: (1) modification of curriculum and materials; (2) modification of assignments to comport with A.G.’s Individualized Education Plan (“IEP”); (3) provision of a one-on-one aide; (4) additional interaction with the regular classroom teacher; (5) small group and one-on-one instruction; (6) consultation between [334]*334special education and regular education teachers; (7) adapted equipment; and (8) extensive teacher-parent communication. The District Court concluded that the District provided substantial support in the form of supplemental aids and services. We agree.

Next, we compare the educational benefits A.G. would receive in a regular classroom (with supplementary aids and services) with the benefits she would receive in a special education class. In so doing, we are mindful of the unique benefits a special needs child may obtain from mainstreaming, such as the development of social and communication skills. Id. at 1216. Here, the record demonstrates that A.G. made little if any progress on her academic goals in her mainstreamed courses and received little educational benefit from her mainstreaming. Moreover, A.G. had minimal to no interaction with the regular education students.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
374 F. App'x 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ag-ex-rel-sg-v-wissahickon-school-district-ca3-2010.