C.L. v. Scarsdale Union Free School District

913 F. Supp. 2d 26, 2012 WL 6646958, 2012 U.S. Dist. LEXIS 181261
CourtDistrict Court, S.D. New York
DecidedDecember 21, 2012
DocketNo. 11-CV-5242 (CS)
StatusPublished
Cited by26 cases

This text of 913 F. Supp. 2d 26 (C.L. v. Scarsdale Union Free School District) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C.L. v. Scarsdale Union Free School District, 913 F. Supp. 2d 26, 2012 WL 6646958, 2012 U.S. Dist. LEXIS 181261 (S.D.N.Y. 2012).

Opinion

OPINION AND ORDER

SEIBEL, District Judge.

Before the Court are Plaintiffs’ Motion for Summary Judgment, '(Doc. 16), and Defendant’s Cross-Motion for Summary Judgment, (Doc. 10). Plaintiffs C.L. and G.W. bring this action, individually and on behalf of their child C.L. (“CL”), pursuant to the Individuals with Disabilities Education Improvement Act (“IDEIA”), 20 U.S.C. §§ 1401 et seq.;1 Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and Article 89 of the New York State Education .Law, against Defendant Scarsdale Union Free School District (the “District”). Plaintiffs seek review of an administrative decision by a State Review Officer (“SRO”) at the New York State Education Department affirming in rele[30]*30vant part the decision of an Impartial Hearing Officer (“IHO”). The IHO found that (1) the District denied CL a Free and Appropriate Public Education (“FAPE”) when it decided he was ineligible for classification under the IDEA, (2) the private school — Eagle Hill School (“Eagle Hill”) in Greenwich, Connecticut — at which CL’s parents placed him for the 2009-2010 school year was not an appropriate placement for CL, and (3) the parents failed to cooperate in good faith in obtaining educational services for CL by not referring CL to the Greenwich School District— rather than the Scarsdale School District — for evaluation. (IHO Decision 22-24.)2 The SRO agreed with the IHO’s conclusions on the first two points, finding that the District failed to develop an Individualized Education Program (“IEP”) for CL and thereby denied him a FAPE and that Plaintiffs failed to present sufficient evidence to demonstrate that Eagle Hill was an appropriate placement, and did not reach the third point. (SRO Decision 9, 12-15.)3

Neither party contests the first finding — that the District denied CL a FAPE, (see D’s Mem. 4)4 — so I need not address it. Plaintiffs seek an order reversing the SRO’s decision on the second point and awarding Plaintiffs tuition reimbursement for the year 2009-2010. (Compl. ¶ 39; Ps’ Mem. 22.)5 Plaintiffs also request “compensatory education and monetary relief’ for their claim under Section 504 of the Rehabilitation Act. (Compl. ¶ 51.) Defendant seeks an order affirming the SRO’s decision and dismissing Plaintiffs’ Complaint. (D’s Mem. 2.) For the reasons set forth below, Plaintiffs’ Motion for Summary Judgment is DENIED and Defendant’s Cross-Motion for Summary Judgment is GRANTED.

I. Background

The history of this case is set forth at length in an Opinion and Order I issued in a related case in which Plaintiffs challenged an SRO’s denial of tuition reimbursement for their unilateral placement of CL at Eagle Hill for the 2008-2009 school year. See C.L. v. Scarsdale Union Free Sch. Dist. (“CL I”), No. 10-CV-4315, 2012 WL 983371 (S.D.N.Y. Mar. 22, 2012).6 Familiarity with the facts set forth in that decision is assumed, and only new facts relating to the denial of tuition reimbursement for the 2009-2010 school year are set forth here.

The following facts are undisputed unless otherwise noted. CL attended Green-acres Elementary School (“Greenacres”) in Scarsdale, New York from Kindergarten [31]*31(2004-2005) through third grade (2007-2008). (D’s Reply 56.1 ¶¶ 3, 5.)7 During that time, the District provided CL with an accommodation plan pursuant to Section 504 of the Rehabilitation Act (the “504 Plan”) but did not provide CL with an IEP pursuant to the IDEA. (Id. ¶¶ 5-6.) Plaintiffs maintain that because of the District’s refusal to provide CL with an IEP and Plaintiffs’ view that the 504 Plan was insufficient, Plaintiffs unilaterally enrolled CL at Eagle Hill for the 2008-2009 school year. (Id. ¶ 6.)

A. Request for cm IEP

On July 22, 2009, the parents sent a letter to the District requesting a meeting of the Committee on Special Education (“CSE”) for the purposes of developing an IEP for CL for the 2009-2010 academic year. (Id. ¶ 8.) By letter dated August 20, 2009, the District notified the parents that the CSE would convene on September 3, 2009 to discuss CL’s educational program. (Ps’ Reply 56.1 ¶ 12;8 Joint Ex. 1-C.) On August 24, 2009, the parents informed the District of their intention to keep CL at Eagle Hill for the 2009-2010 school year based on the District’s denial of a FAPE. (D’s Reply 56.1 ¶ 10; Joint Ex. 1-D.)

At the September 3 meeting, the CSE reviewed the results of CL’s educational testing and a letter from CL’s advisor at Eagle Hill and found that CL did not meet the criteria for classification under the IDEA. (Ps’ Reply 56.1 ¶ 14.) At the meeting, the CSE informed Plaintiff G.W. that if the parents wanted CL to be evaluated, they should speak with Eagle Hill about a referral to the Greenwich Public Schools for that purpose or obtain an evaluation privately, and submit the results to the District for consideration when they planned to enroll CL in a District school, (Joint Ex. 1-E.) In other words, the District expressed its view that in the situation where the child was not enrolled in the public school, the “district of location” — the district where Eagle Hill is located (Greenwich) — was responsible for evaluating CL rather than the “district of residence” (Scarsdale). (Id.) Dr. Mendel-son, the Director of Special Education for the District, also informed the parents that “new evaluations would assist the CSE in determining [CL’s] needs.” (D’s Reply 56.1 ¶ 13.) By letter dated September 10, 2009, the District notified the parents that “[a]fter careful consideration and review of all evaluative materials and school reports, the [CSE] has recommended that [CL] does not meet the criteria to be classified as a student with a disability and does not require special education at this time.” (Joint Ex. 1-E.)

B. Procedural History

On June 4, 2010, Plaintiffs filed an Impartial Hearing Request seeking reimbursement for their unilateral placement of CL at Eagle Hill during the 2009-2010 school year. (D’s Reply 56.1 ¶ 18.) On July 9, 2010, the District filed a Motion to Dismiss the Impartial Hearing Request, reiterating-that the Greenwich School District was responsible for evaluating CL. (Id. ¶ 21.) On October 18-19, 2010, IHO George Kandilakis heard testimony in connection with the motion. (Id. ¶24.) On December 14, 2010, the IHO dismissed the District’s Motion, found that the District had failed to provide CL with a FAPE, and denied Plaintiffs’ request for tuition reimbursement. (IHO Decision 22-24.) [32]*32On January 24, 2011, Plaintiffs appealed the IHO’s decision to the New York State Education Department’s Office of State Review. (D’s Reply 56.1 ¶ 34.) On April 1, 2011, the SRO affirmed the IHO’s decision in relevant part. (Id. ¶ 37.) Plaintiffs appealed that decision by filing their Complaint with this Court. (Doc. 1.)

C. IHO Decision

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913 F. Supp. 2d 26, 2012 WL 6646958, 2012 U.S. Dist. LEXIS 181261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cl-v-scarsdale-union-free-school-district-nysd-2012.