Edmonds Sch. Dist. v. A.T.

299 F. Supp. 3d 1135
CourtDistrict Court, W.D. Washington
DecidedNovember 7, 2017
DocketCause No. C16–1500RSL
StatusPublished
Cited by1 cases

This text of 299 F. Supp. 3d 1135 (Edmonds Sch. Dist. v. A.T.) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edmonds Sch. Dist. v. A.T., 299 F. Supp. 3d 1135 (W.D. Wash. 2017).

Opinion

Robert S. Lasnik, United States District Judge

This matter comes before the Court on "Plaintiff Edmond School District's Motion for Summary Judgment" (Dkt. # 13) and defendants' cross-motion (Dkt. # 14). The school district appeals an administrative *1137decision that it is financially responsible under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400, et seq. , for the costs associated with A.T.'s placement in a residential facility. The district maintains that the placement was necessitated by A.T.'s medical condition, not his educational needs, and is therefore not covered by the IDEA. A.T., on the other hand, argues that a residential placement was necessary for him to be able to benefit from the specially designed instruction set forth in his individualized education program ("IEP").

Through the IDEA, Congress offered states federal funds to assist in educating children with disabilities, but imposed a number of substantive and procedural conditions in exchange for the funds. Substantively, the state must provide a free appropriate public education ("FAPE") to "all children with disabilities residing in the State ..., including children with disabilities who have been suspended or expelled from school." 20 U.S.C. § 1412(a)(1)(A). The state has the obligation of identifying and evaluating children with disabilities and developing an IEP for each child. 20 U.S.C. § 1412(a)(3) and (4). The IEP must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." Endrew F. v. Douglas County Sch. Dist., RE-1, --- U.S. ----, 137 S.Ct. 988, 999 and 1001, 197 L.Ed.2d 335 (2017).1 To the maximum extent possible, children with disabilities are to be incorporated into the regular educational environment: separate classes, schools, or care facilities are permitted "only when the nature or severity of the disability of a child is such that regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." 20 U.S.C. § 1412(a)(5)(A). Procedurally, the IDEA requires that parents be given written prior notice of and an opportunity to participate in any meetings related to the identification, evaluation, educational placement, and provision of FAPE to the child. 20 U.S.C. § 1415(b)(1) and (3). Parents also have the right to seek mediation of disputes and/or an administrative hearing. 20 U.S.C. § 1415(b)(5) and (6). A.T.'s parents requested a hearing on December 17, 2015, after unilaterally placing A.T. at Provo Canyon School, a residential facility in Provo, Utah. The Administrative Law Judge ("ALJ") issued a fifty-one page decision on July 20, 2016, in which she concluded that:

• The district violated the IDEA, both substantively and procedurally.
• The parents' unilateral placement of A.T. at Provo was appropriate.
• The district must reimburse the parents for the Provo tuition and the adolescent transportation service that conveyed A.T. to Provo.

Dkt. # 1 at 55-56.2 The district appealed to this Court.

*1138When reviewing a decision of an ALJ regarding the appropriateness of services offered under the IDEA, the Court must read the administrative record, consider any new evidence offered by the parties, "and make an independent judgment based on a preponderance of the evidence and giving due weight to the hearing officer's determinations." Capistrano Unified Sch. Dist. v. Wartenberg, 59 F.3d 884, 892 (9th Cir. 1995). The Court has discretion when determining what weight to give the ALJ's findings. In Wartenberg, the Ninth Circuit recognized that "[d]eference to the hearing officer makes sense in a proceeding under the Act for the same reasons that it makes sense in the review of any other agency action-agency expertise, the decision of the political branches ... to vest the decision initially in an agency, and the costs imposed on all parties of having still another person redecide the matter from scratch." 59 F.3d at 891 (quoting Kerkam v. McKenzie, 862 F.2d 884, 887 (D.C. Cir. 1988) ). In addition, a thorough and careful analysis by the ALJ increases the amount of deference that should be given to his or her findings. Seattle Sch. Dist. No. 1 v. B.S., 82 F.3d 1493, 1499 (9th Cir. 1996). The administrative decision in this case is comprehensive, detailed, careful, and well-reasoned: credibility and factual disputes are acknowledged and resolved with appropriate analysis, the factual bases for the legal conclusions are stated, and the correct legal standards are applied. The Court finds that deference to the ALJ's determinations is warranted, keeping in mind that it is ultimately the Court's obligation to determine whether the school district has complied with the procedural and substantive requirements of the Act and whether a placement is appropriate. Having reviewed the administrative record and the ALJ's decision,3 and having heard the arguments of counsel, the Court finds by a preponderance of the evidence that:

A.T. was adopted by his foster parents when he was just under the age of four. He had a difficult and unsettled childhood before his adoption, including in utero

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299 F. Supp. 3d 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmonds-sch-dist-v-at-wawd-2017.