Christopher v. Amphitheater Unified School District

22 F.3d 228
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 21, 1994
DocketNos. 92-16296, 16322
StatusPublished
Cited by1 cases

This text of 22 F.3d 228 (Christopher v. Amphitheater Unified School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher v. Amphitheater Unified School District, 22 F.3d 228 (9th Cir. 1994).

Opinion

Opinion by Judge LEAVY.

LEAVY, Circuit Judge:

In this appeal we are called upon to determine the extent to which a public school district must pay for services related to the education of a handicapped student when those services conflict with an educational program offered by the school district and when the program as offered provides a free appropriate public education. The district court ruled that the school district had no financial responsibility under these circumstances. 797 F.Supp. 753. We affirm.

FACTS AND PRIOR PROCEEDINGS

Kristy Dreher (“Kristy”) is profoundly hearing impaired. Her parents want her to learn to speak, believing that if she learns sign language she will become dependant on it and never learn to talk. They have, therefore, enrolled her in a private school which forbids the use of sign language, and where she receives training specifically designed to teach her to lip read and to speak.

Because of Kristy’s disability, she qualifies for benefits under the Individuals with Disabilities Education Act (“Act”).1 Under the Act, the school district in Arizona where she resides must evaluate her and provide her with an Individualized Education Program (“Program”). Amphitheater Unified School District (“Amphitheater”) evaluated Kristy and determined that a Program excluding sign language was not working well for her. Thus, the Program for the 1989-90 school year called for “oral methods with augmentative communication,” including sign language, lip reading, and oral training.

Kristy’s parents appealed the Program through administrative channels. The hearings related to the appeal took place in December 1989 and January 1990. The review officer found that the Program offered a free appropriate public education for Kristy. Before the appeal process was complete, however, Kristy’s parents enrolled her at St. Joseph’s Institute for the Deaf (“St. Joseph’s”) in St. Louis, Missouri, where the use of sign language is forbidden.

Subsequent Programs prepared by Amphitheater for 1990-91 and 1991-92 also called for sign language; however, Kristy’s parents did not appeal or otherwise challenge those Programs. In September 1990, Kristy’s parents asked Amphitheater to reimburse them for the cost of the speech therapy Kristy received at St. Joseph’s. Amphitheater refused this request for reimbursement in a letter dated November 26, 1990. Kristy’s parents then filed an administrative complaint with the Arizona Department of Education. The Arizona Department of Education issued a letter of finding upholding Amphitheater’s refusal to reimburse the Dre-hers for the costs of Kristy’s speech therapy and its refusal to provide a hearing. Shortly thereafter, Kristy and her parents (“Plaintiffs”) filed the instant action in federal district court against Amphitheater and C. Diane Bishop, an official with Arizona’s Department of Education (“Defendants”).

The crux of the Plaintiffs’ argument is that Amphitheater should be required to pay for the speech therapy Kristy receives at St. Joseph’s. Amphitheater contends that it is not obligated to pay for Kristy’s special training at St. Joseph’s because that education is contrary to the recommendations set out in the Programs which otherwise provide Kristy with a free appropriate public education. The district court agreed with Amphitheater and entered summary judgment in favor of it and against the Plaintiffs, and further granted Bishop’s motion to dismiss. The Plaintiffs have timely appealed.

DISCUSSION

Standard of Review

In this appeal we are essentially reviewing the district court’s interpretation and [231]*231application of federal and, to a lesser extent, state statutory law. We examine such rulings de novo. See Mapes v. United States, 15 F.3d 138, 140 (9th Cir.1994).

Analysis

I

Amphitheater first argues that the district court lacked subject matter jurisdiction under 20 U.S.C. § 1415(e)(2)2 because the Plaintiffs have not exhausted their administrative remedies available under 20 U.S.C. § 1415(b)(2) and (c).3 See Honig v. Doe, 484 U.S. 305, 326-27,108 S.Ct. 592, 606, 98 L.Ed.2d 686 (1988) (general prerequisite to obtaining jurisdiction in federal courts to challenge adverse administrative decision is exhaustion of administrative remedies); Hoeft v. Tucson Unified Sch. Dist., 967 F.2d 1298, 1303 (9th Cir.1992) (same). Amphitheater contends that the Plaintiffs must appeal the Programs for 1990-91 and 1991-92 prior to challenging their results in the federal courts.

The Plaintiffs are not appealing the Programs; rather, they are appealing from Amphitheater’s refusal to grant them a due process hearing to determine financial responsibility for Kristy’s speech therapy at St. Joseph’s. After Amphitheater refused them the hearing, the Plaintiffs appealed to Bishop, asking her to overturn Amphitheater’s decision. Bishop upheld Amphitheater’s refusal to grant a hearing on the limited issue of financial responsibility. As the district court noted, “After plaintiffs were refused a due process hearing, they had no recourse but to seek judicial relief.” We conclude that the district court properly found subject matter jurisdiction because the Plaintiffs had exhausted their available administrative remedies regarding the issue of financial responsibility for speech therapy. We need not determine whether Amphitheater erred in refusing to grant Kristy’s parents a due process hearing because we conclude that Amphitheater had no financial obligation for services related to Kristy’s special education at St. Joseph’s.

II

Because the Act does not specify a statute of limitations, we must look to Arizona’s statute of limitations applicable to the most closely analogous state cause of action.4 See Wilson v. Garcia, 471 U.S. 261, 268, 105 S.Ct. 1938, 1942, 85 L.Ed.2d 254 (1985); Alexopulos v. San Francisco Unified Sch. Dist., 817 F.2d 551, 554-55 (9th Cir.1987). We apply that statute of limitations unless it [232]*232conflicts with underlying federal policies. County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 240, 105 S.Ct. 1245, 1254, 84 L.Ed.2d 169 (1985). The parties suggest adoption of either of two statutes of limitations: One, applicable to the judicial review of administrative agency rulings, is 35 days, see Ariz.Rev.Stat.Ann. § 12-904;5 while the other, applicable to “liabilit[ies] created by statute, other than a penalty or forfeiture,” is one year. See Ariz.Rev.Stat.Ann. § 12-541.6

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22 F.3d 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-v-amphitheater-unified-school-district-ca9-1994.