Calloway v. District of Columbia

216 F.3d 1, 342 U.S. App. D.C. 110, 2000 U.S. App. LEXIS 15368, 2000 WL 781096
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 30, 2000
Docket99-5215, 99-5216
StatusPublished
Cited by113 cases

This text of 216 F.3d 1 (Calloway v. District of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calloway v. District of Columbia, 216 F.3d 1, 342 U.S. App. D.C. 110, 2000 U.S. App. LEXIS 15368, 2000 WL 781096 (D.C. Cir. 2000).

Opinions

Opinion for the Court filed by Circuit Judge TATEL.

Separate opinion dissenting in part filed by Circuit Judge GINSBURG.

TATEL, Circuit Judge:

A rider to the District of Columbia Appropriations Act imposes limits on fees the District may pay under the Individuals with Disabilities Education Act, known as IDEA, to attorneys who represent prevailing parties in actions against the D.C. Public Schools. In this suit by disabled students and their parents, the district [3]*3court rejected challenges to the fee cap, finding -it neither preempted by IDEA nor contrary to the Due Process Clause of the Fifth Amendment. The district court also held that the rider restricts only the District’s authority to pay attorneys’ fees, not court authority to award fees pursuant to IDEA. Finding no error, we affirm in all respects.

I

The Individuals with Disabilities Education Act seeks to “ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living.” 20 U.S.C. § 1400(d)(1)(A). As a condition of receiving funds under the Act, IDEA requires school districts to adopt procedures to ensure appropriate educational placement of disabled students. See 20 U.S.C. § 1413. In addition, school districts must develop comprehensive plans for meeting the special educational needs of disabled students. See 20 U.S.C. § 1414(d)(2)(A). Known as “individualized education programs,” or IEPs, these plans must include “a statement of the child’s present levels of educational performance, ... a statement of measurable annual goals, [and] a statement of the special education and related services ... to be provided to the child....” 20NS.C. § 1414(d)(1)(A).

IDEA guarantees parents of disabled children an opportunity to participate in the identification, evaluation, and placement process. See 20 U.S.C. §§ 1414(f), 1415(b)(1). Parents who object to their child’s “identification, evaluation, or educational placement” are entitled to an “impartial due process hearing,” 20 U.S.C. §§ 1415(b)(6), (f)(1), at which they have a “right to be accompanied and advised by counsel.” 20 U.S.C. § 1415(h)(1). Parents “aggrieved by” a hearing officer’s findings and decision may bring a civil action in either state or federal court without regard to the amount in controversy. 20 U.S.C. § 1415(f)(2).

Section 1415(i)(3)(B) of IDEA gives courts authority to “award reasonable attorneys’ fees as part of the costs to the parents of a child with a disability who is the prevailing party.” Prevailing parents may also recover fees incurred during administrative proceedings. See Moore v. District of Columbia, 907 F.2d 165 (D.C.Cir.1990) (en banc). The amount of fees awarded “shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished.” 20 U.S.C. § 1415(f)(3)(C).

The District of Columbia Public Schools (DCPS) has failed to meet its obligations under IDEA, a fact no one disputes. In its brief, the United States describes DCPS’s situation this way:

By 1998, the District of Columbia School System’s ... failure to fulfill its obligations under IDEA reached crisis proportions. The District had virtually ceased to conduct timely hearings requested by parents under IDEA and to issue final decisions within the required timelines. Other of its obligations under IDEA were also not being met to a significant extent.

See also Blackman v. District of Columbia, 185 F.R.D. 4, 5 (D.D.C.1999) (finding that DCPS’s noncompliance with IDEA has resulted in “significant delays both in the placement of children in appropriate educational settings and in the provision of crucial medical services, delays that have the potential to permanently harm the physical and emotional health of many young children.”). At a June 1997 public hearing, DCPS identified several factors responsible for its noncompliance, including “inadequate management[,].... poor information management systems, lack of staff training, inappropriate staff allocation and lack of appropriate programs.” Notice of Written Findings and Decision and Compliance Agreement, 63 Fed.Reg. [4]*441370, 41373. A'year later, the Secretary of Education stated that, after “working with DCPS over a number of years to address its serious and ongoing failure to comply with the requirements of [IDEA],”' he determined that immediate compliance was “not feasible.” Id. at 41371. The Secretary and DCPS entered" into a Com-' pliance Agreement mandating that DCPS “be in full compliance with the requirements of [IDEA in] no later than three years.” Id. at 41374.

DCPS’s failure to meet the special education needs of its disabled students has resulted in an exceedingly large number of parental complaints. The record shows that in 1995, although DCPS served less than two-thousandths of one percent of the nation’s disabled students, over forty-five percent of requests for due process hearings nationwide were made in D.C.

Because IDEA authorizes the award of attorneys’ fees, parental complaints have been costly for DCPS. In fiscal year 1998, for example, the school district paid over $10 million to attorneys. That same year, the Washington Post reported that legal representation of special education students, once “an obscure niche,” had developed into a “booming, lucrative industry.” Doug Struck and Valerie Strauss, Special Ed Law Is Big Business; Students’ Attorneys Collectively Receiving Millions in Fees, The Wash. Post, July 20,1998, at B7. Describing special education cases as “easy [to] win,” the Post stated that “when the city’s school system is crying for money to try to build an adequate special education system — and thereby begin to lessen the flood of legal challenges — these attorney fees rankle school officials who say the money should be spent on children.” Id.

Responding to the concerns expressed in the Post article, the House Committee on Appropriations, while considering the District’s fiscal year 1999 appropriations request, acted to stem “the growth in legal expenses ... and the usurping of resources from education to pay attorney fees.” H.R. Rep. 105-670, at 50 (1998). The Committee adopted an appropriations rider that, in order to allow DCPS to “focus more clearly on teaching and learning rather than on litigation and expensive legal fees,”-limited the District’s fee payments under IDEA. Id. Eventually becoming section 130 of the 1999 D.C.

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Bluebook (online)
216 F.3d 1, 342 U.S. App. D.C. 110, 2000 U.S. App. LEXIS 15368, 2000 WL 781096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calloway-v-district-of-columbia-cadc-2000.