Board of Educ. of City of Chicago v. Walker

800 F. Supp. 2d 917, 2011 U.S. Dist. LEXIS 82345, 2011 WL 3176528
CourtDistrict Court, N.D. Illinois
DecidedJuly 25, 2011
Docket09 C 6571
StatusPublished
Cited by3 cases

This text of 800 F. Supp. 2d 917 (Board of Educ. of City of Chicago v. Walker) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Educ. of City of Chicago v. Walker, 800 F. Supp. 2d 917, 2011 U.S. Dist. LEXIS 82345, 2011 WL 3176528 (N.D. Ill. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, District Judge.

The Board of Education of the City of Chicago (“Board”) brought this action against the Illinois State Board of Education (“ISBE”) and Naomi Walker, parent and next friend of Ramie P., a minor, pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1401 et seq. 1 (R. 1, Compl.) Presently before the Court is Walker’s motion for attorneys’ fees pursuant to Local Rule 54.3 and the IDEA, 20 U.S.C. § 1415(i)(3)(B)(i). (R. 38, Walker’s Mot.) For the reasons stated below, Walker’s motion is granted.

BACKGROUND

This motion for attorneys’ fees follows the Board’s unsuccessful appeal of the ISBE’s Impartial Hearing Officer’s decision regarding the Board’s failure to deliver compensatory services agreed to in Ramie’s Individual Education Plan (“IEP”). Because the formulation of Ramie’s IEP, the administrative due process proceedings, and the subsequent appeal are all pertinent to the present motion, the Court will briefly review the facts set forth in its prior decision granting Walker’s motion for summary judgment and denying the Board’s motion for summary judgment. See Bd. of Educ. of the City of Chi. v. Ill. Bd. of Educ., 741 F.Supp.2d 920 (N.D.Ill. 2010).

Ramie was declared eligible for special education and related services while enrolled in the Chicago Public Schools *920 (“CPS”). Id. at 922. On August 6, 2008, Walker filed a due process complaint alleging that the Board had denied Ramie a free appropriate public education (“TAPE”). Id. As relief, Walker requested that the Board be required to convene and develop an appropriate IEP for Ramie. Id. In addition, Walker requested compensatory services including: one-on-one tutoring, speech language and occupational therapy services, assistive technology, and other appropriate relief. Id. In response to Walker’s complaint, the ISBE appointed Impartial Hearing Officer, Mary Onken (the “hearing officer”). Id. The hearing officer ordered the parties to participate in an IEP meeting on November 12,2008. Id.

During the November 12 meeting, an IEP was created for Ramie that authorized six weeks of summer school and placement in a therapeutic day school (the “November 12 IEP”). Id. The November 12 IEP also indicated that the Board agreed to provide compensatory services for Ramie, including two years of tutoring and speech therapy, reimbursement for tutoring paid for by the parent in the last two years, and software for a home computer. Id.

On November 26, 2008, Walker requested another due process hearing claiming, in part, that the Board had failed to implement the November 12 IEP within ten days as required by state regulations. Id. As a remedy, Walker requested that the Board “immediately” provide Ramie with tutoring, speech services, and reimbursement for past tutoring services. Id. The Board, however, took the position that it had implemented the November 12 IEP and that there was no absolute date to commence providing the agreed upon tutoring and speech services. Id.

The hearing officer made efforts to resolve this matter and, on May 6, 2009, sent a letter to the parties seeking clarification of their respective positions regarding implementation of compensatory services. Id. The Board responded to the hearing officer’s request indicating that reimbursement for tutoring services had been issued and tutoring would start after the current school semester. Id. Walker objected to this response because it did not indicate a specific date for the tutoring services to begin. Id.

On May 10, 2009, Walker filed a motion for summary judgment requesting that the hearing officer issue a final order directing the Board to implement the November 12 IEP related to compensatory services. Id. At the direction of the hearing officer, the parties participated in a resolution session on May 12, 2009. Id. During the session, the Board indicated that the names and credentials of the providers and the start date for compensatory services would be provided in two weeks. Id. Later, on June 16, 2009, the Board advised the hearing officer that it was still “working on facilitating” the compensatory services agreed upon in the November 12 IEP. Id. at 922-23.

On June 21, 2009, the hearing officer found that there was no genuine issue of fact and issued an order granting Walker’s motion for summary judgment. Id. at 923. Specifically, the hearing officer found that based on the Board’s admissions that they were still “working on facilitating” the agreed upon compensatory services, the November 12 IEP had not been implemented in full. Id. In addition, the hearing officer found that Walker had provided a legal basis to demand that the IEP be implemented in a timely manner, while the Board failed to provide any state or federal regulations or case law in support of its claim that they were not required to implement the November 12 IEP within 10 days. Id. Accordingly, the hearing offi *921 cer’s order directed the Board to implement the compensatory services of the November 12 IEP within ten days of receipt of the decision. Id.

On October 19, 2009, the Board filed a complaint in this Court pursuant to the IDEA requesting that the hearing officer’s summary judgment decision be reversed. (R. 1, Comp.) The Board claimed that compensatory services are not required to be delivered within ten days of an IEP and that this decision was “outside the authority” of the hearing officer. (Id. ¶¶ 10-11.) On March 2, 2010, the parties filed cross motions for summary judgment. (R. 19, Board’s Summ. J. Mot.; R. 22, Walker’s Summ. J. Mot.) On September 29, 2010, the Court found that the hearing officer’s summary judgment decision was sufficiently supported by the record, and accordingly denied the Board’s motion for summary judgment and granted Walker’s motion for summary judgment. Bd. of Educ. of the City of Chi., 741 F.Supp.2d at 925.

On December 14, 2010, Walker filed a motion for attorneys’ fees. (R. 39, Walker’s Mot.) Attached to her motion are fee petitions detailing the fees and costs Walker incurred in litigating the due process hearing and in defending the Board’s appeal in this Court, which total $84,227.95. (Id., Exs. B-E.) Walker contends that she is entitled to attorneys’ fees because she was the prevailing party at the due process proceedings and on appeal and the requested attorneys’ fees are reasonable. (R. 39, Walker’s Mem. at 3-4.) In response, the Board agrees that Walker was a prevailing party entitled to reasonable attorney fees, but disputes that all of the fees requested by Walker are related to the subject matter of the judicial resolution. (R. 47, Board’s Resp.

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Bluebook (online)
800 F. Supp. 2d 917, 2011 U.S. Dist. LEXIS 82345, 2011 WL 3176528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-educ-of-city-of-chicago-v-walker-ilnd-2011.