UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
MIA CRAWFORD, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-00701 (RC) ) DISTRICT OF COLUMBIA ) MAYOR, ) ) Defendant. )
MEMORANDUM OPINION
I. INTRODUCTION
In this pro se action removed from the Superior Court of the District of Columbia,
Plaintiff sues the District of Columbia asserting on behalf of her minor son claims under the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1491o, Section 504 of
the Rehabilitation Act, 29 U.S.C. § 794, and the Americans with Disabilities Act (ADA), 42
U.S.C. §§ 42 U.S.C. 12101-12213. Not. of Removal, ECF No. 1 at 1; Am. Compl., ECF No.
19. Pending before the Court is Defendant’s Motion to Dismiss the Amended Complaint under
Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion is GRANTED.
II. BACKGROUND
A. Factual Allegations
Plaintiff claims that the Social Justice Public Charter School in Washington, D.C.
discriminated against her minor son, M.W., a disabled student who “has an IEP” or
Individualized Education Plan. Am. Compl. at 1. Plaintiff alleges (1) that on December 5,
2023, during “an incident, . . . a staff member (social worker) put[] his hands on” M.W. “in a
[unintelligible] way knowing he has a disability” and (2) that at some point, M.W. “was told that he couldn’t come back to school by the Dean of Social Justice [Charter] School” but “the
executive director and principal at the school [later] denied” that M.W. “was ever suspended.”
Am. Compl. at 1-2; see id. at 4 (“They told me Oct. 30, 2023 that he was never suspended.”).
“So that resulted in” M.W. “missing his [special] education for Oct. 20, 2023,” without a full or
fair investigation of the incident. Id. at 2. Citing the ADA, Plaintiff seeks $3.5 million in
“compensatory damages.” Id. at 1.
B. Legal Framework
The IDEA was enacted “to guarantee a free and appropriate public education (FAPE) to
disabled students.” Capital City Pub. Sch. v. Gambale, 27 F. Supp. 3d 121, 124 (D.D.C. 2014).
A FAPE must “emphasize[ ] special education and related services designed to meet the[ ]
unique needs” of disabled students “and prepare them for further education, employment, and
independent living.” Lague v. District of Columbia, 130 F. Supp. 3d 305, 311 (D.D.C. 2015)
(quoting 20 U.S.C. § 1400(d)(1)(A)). “All ‘states and territories, including the District of
Columbia, that receive federal education assistance must establish policies and procedures to
ensure, among other things, that . . . [a] FAPE[ ] is available to disabled children’ within their
school districts.” Gambale, 27 F. Supp. 3d at 124 (alterations in original) (quoting Branham v.
Gov’t of the Dist. of Columbia, 427 F.3d 7, 8 (D.C. Cir. 2005)). And “[a] free and appropriate
public education entitles ‘each child with a disability’ to an ‘individualized education program’
that is tailored to meet his or her unique needs.” Henry v. District of Columbia, 750 F. Supp. 2d
94, 96 (D.D.C. 2010) (quoting 20 U.S.C. §§ 1414(d)(1)(A)–(2)(A)). “If a child’s initial
evaluation suggests he is entitled to a FAPE, IDEA then requires the school district to create and
implement an IEP, which is the ‘primary vehicle’ for implementing the Act.” Lesesne ex rel.
2 B.F. v. District of Columbia, 447 F.3d 828, 830 (D.C. Cir. 2006) (quoting Honig v. Doe, 484
U.S. 305, 311 (1988)).
Since August 1, 2017, “each public charter school” in the District is required to be “its
own local educational agency for the purpose of Part B of IDEA and section 504 of the
Rehabilitation Act (29 U.S.C. § 794),” and none can “elect to be treated as a District of
Columbia public school” for such purposes. D.C. Code § 38-1802.10(c), (c-1); see id. § 38-
1802.04(c)(5) (listing the IDEA, Rehabilitation Act, and ADA among the federal anti-
discrimination laws applicable to a D.C. public charter school). Additionally, each public
charter school (1) “exercise[s] exclusive control over its expenditures, administration, personnel,
and instructional methods,” (2) is “exempt from District of Columbia statutes, policies, rules, and
regulations established for the District of Columbia public schools by the Superintendent, Board
of Education, Mayor, District of Columbia Council, or Authority,” and (3) can “sue and be sued
in [its] own name.” D.C. Code § 38-1802.04(b)-(c).
III. LEGAL STANDARD
The Federal Rules of Civil Procedure require that a complaint contain “a short and plain
statement of the claim” to give the defendant fair notice of the claim and the grounds upon which
it rests. Fed. R. Civ. P. 8(a)(2); accord Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam).
A motion to dismiss under Rule 12(b)(6) “tests the legal sufficiency of a complaint.” Browning
v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). The motion does not test a plaintiff’s ultimate
likelihood of success on the merits, but only forces the court to determine whether a plaintiff has
properly stated a claim. ACLU Found. of S. Cal. v. Barr, 952 F.2d 457, 467 (D.C. Cir. 1991).
3 It is not necessary for the plaintiff to plead all elements of a prima facie case in the
complaint. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511-14 (2002); Bryant v. Pepco,
730 F. Supp. 2d 25, 28-29 (D.D.C. 2010). Nevertheless, “[t]o survive a motion to dismiss, a
complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is
plausible on its face.’ ” Ashcroft v.
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
MIA CRAWFORD, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-00701 (RC) ) DISTRICT OF COLUMBIA ) MAYOR, ) ) Defendant. )
MEMORANDUM OPINION
I. INTRODUCTION
In this pro se action removed from the Superior Court of the District of Columbia,
Plaintiff sues the District of Columbia asserting on behalf of her minor son claims under the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1491o, Section 504 of
the Rehabilitation Act, 29 U.S.C. § 794, and the Americans with Disabilities Act (ADA), 42
U.S.C. §§ 42 U.S.C. 12101-12213. Not. of Removal, ECF No. 1 at 1; Am. Compl., ECF No.
19. Pending before the Court is Defendant’s Motion to Dismiss the Amended Complaint under
Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion is GRANTED.
II. BACKGROUND
A. Factual Allegations
Plaintiff claims that the Social Justice Public Charter School in Washington, D.C.
discriminated against her minor son, M.W., a disabled student who “has an IEP” or
Individualized Education Plan. Am. Compl. at 1. Plaintiff alleges (1) that on December 5,
2023, during “an incident, . . . a staff member (social worker) put[] his hands on” M.W. “in a
[unintelligible] way knowing he has a disability” and (2) that at some point, M.W. “was told that he couldn’t come back to school by the Dean of Social Justice [Charter] School” but “the
executive director and principal at the school [later] denied” that M.W. “was ever suspended.”
Am. Compl. at 1-2; see id. at 4 (“They told me Oct. 30, 2023 that he was never suspended.”).
“So that resulted in” M.W. “missing his [special] education for Oct. 20, 2023,” without a full or
fair investigation of the incident. Id. at 2. Citing the ADA, Plaintiff seeks $3.5 million in
“compensatory damages.” Id. at 1.
B. Legal Framework
The IDEA was enacted “to guarantee a free and appropriate public education (FAPE) to
disabled students.” Capital City Pub. Sch. v. Gambale, 27 F. Supp. 3d 121, 124 (D.D.C. 2014).
A FAPE must “emphasize[ ] special education and related services designed to meet the[ ]
unique needs” of disabled students “and prepare them for further education, employment, and
independent living.” Lague v. District of Columbia, 130 F. Supp. 3d 305, 311 (D.D.C. 2015)
(quoting 20 U.S.C. § 1400(d)(1)(A)). “All ‘states and territories, including the District of
Columbia, that receive federal education assistance must establish policies and procedures to
ensure, among other things, that . . . [a] FAPE[ ] is available to disabled children’ within their
school districts.” Gambale, 27 F. Supp. 3d at 124 (alterations in original) (quoting Branham v.
Gov’t of the Dist. of Columbia, 427 F.3d 7, 8 (D.C. Cir. 2005)). And “[a] free and appropriate
public education entitles ‘each child with a disability’ to an ‘individualized education program’
that is tailored to meet his or her unique needs.” Henry v. District of Columbia, 750 F. Supp. 2d
94, 96 (D.D.C. 2010) (quoting 20 U.S.C. §§ 1414(d)(1)(A)–(2)(A)). “If a child’s initial
evaluation suggests he is entitled to a FAPE, IDEA then requires the school district to create and
implement an IEP, which is the ‘primary vehicle’ for implementing the Act.” Lesesne ex rel.
2 B.F. v. District of Columbia, 447 F.3d 828, 830 (D.C. Cir. 2006) (quoting Honig v. Doe, 484
U.S. 305, 311 (1988)).
Since August 1, 2017, “each public charter school” in the District is required to be “its
own local educational agency for the purpose of Part B of IDEA and section 504 of the
Rehabilitation Act (29 U.S.C. § 794),” and none can “elect to be treated as a District of
Columbia public school” for such purposes. D.C. Code § 38-1802.10(c), (c-1); see id. § 38-
1802.04(c)(5) (listing the IDEA, Rehabilitation Act, and ADA among the federal anti-
discrimination laws applicable to a D.C. public charter school). Additionally, each public
charter school (1) “exercise[s] exclusive control over its expenditures, administration, personnel,
and instructional methods,” (2) is “exempt from District of Columbia statutes, policies, rules, and
regulations established for the District of Columbia public schools by the Superintendent, Board
of Education, Mayor, District of Columbia Council, or Authority,” and (3) can “sue and be sued
in [its] own name.” D.C. Code § 38-1802.04(b)-(c).
III. LEGAL STANDARD
The Federal Rules of Civil Procedure require that a complaint contain “a short and plain
statement of the claim” to give the defendant fair notice of the claim and the grounds upon which
it rests. Fed. R. Civ. P. 8(a)(2); accord Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam).
A motion to dismiss under Rule 12(b)(6) “tests the legal sufficiency of a complaint.” Browning
v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). The motion does not test a plaintiff’s ultimate
likelihood of success on the merits, but only forces the court to determine whether a plaintiff has
properly stated a claim. ACLU Found. of S. Cal. v. Barr, 952 F.2d 457, 467 (D.C. Cir. 1991).
3 It is not necessary for the plaintiff to plead all elements of a prima facie case in the
complaint. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511-14 (2002); Bryant v. Pepco,
730 F. Supp. 2d 25, 28-29 (D.D.C. 2010). Nevertheless, “[t]o survive a motion to dismiss, a
complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is
plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007). This means that a plaintiff’s factual allegations “must be
enough to raise a right to relief above the speculative level, on the assumption that all the
allegations in the complaint are true (even if doubtful in fact).” Twombly, 550 U.S. at 555-56
(citations omitted). And “even a pro se complainant must plead ‘factual matter’ that permits the
court to infer ‘more than the mere possibility of misconduct.’ ” Atherton v. D.C. Office of
Mayor, 567 F.3d 672, 681-82 (D.C. Cir. 2009) (quoting Iqbal, 556 U.S. at 679).
IV. DISCUSSION
The District argues that it is not the proper defendant. Def.’s Mem. at 1, 5-10. The
Court agrees.
In response to the motion to dismiss, Plaintiff mostly criticizes M.W.’s social worker who
allegedly “is license[d] and insured under a government entity (D.C. Health),” Pl.’s Opp’n, ECF
No. 16 at 1-3, but is identified in the complaint as “a staff member.” Am. Compl. at 1.
Accepting the truth of the sparse allegations, the Court may reasonably infer that the social
worker’s actions fall solely within the charter school’s purview, and the school “can . . . be sued
in [its] own name” for violating the IDEA, Rehabilitation Act, and ADA. D.C. Code § 38-
1802.04(b). On the flip side, Plaintiff has not accused a D.C. employee of wrongdoing and
alleged a factual scenario where the District could be liable as a municipality for the deprivation
4 of a right “secured by” the federal “laws” invoked. 42 U.S.C. § 1983; see Givens v. Bowser,
111 F.4th 117, 122 (D.C. Cir. 2024) (to establish municipal liability, a plaintiff must plead “facts
that plausibly support” one of “four types of municipal policies” ranging from “an official policy
explicitly adopted by D.C.” to inaction showing the District’s “deliberate indifference to the
potential” for constitutional or statutory violations).
CONCLUSION
For the foregoing reasons, the Court concludes that Plaintiff has stated no viable claim
against the District of Columbia and, therefore, dismisses the complaint. A separate order
accompanies this Memorandum Opinion.
________/s/____________ RUDOLPH CONTRERAS United States District Judge Date: March 17, 2025