Fort Bend Independent School District v. Douglas A. Ex Rel. Z.A.

601 F. App'x 250
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 5, 2015
Docket14-20101
StatusUnpublished
Cited by1 cases

This text of 601 F. App'x 250 (Fort Bend Independent School District v. Douglas A. Ex Rel. Z.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fort Bend Independent School District v. Douglas A. Ex Rel. Z.A., 601 F. App'x 250 (5th Cir. 2015).

Opinion

JERRY E. SMITH, Circuit Judge: *

Fort Bend Independent School District (“FBISD”) challenges a ruling holding it responsible for reimbursing the parents of one of its former students, Z.A., for his residential placement under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. Because the district court erred in concluding that the residential placement was appropriate, we reverse and render judgment for FBISD.

I.

Z.A. was adopted from a Russian orphanage at age 4. After arriving in the United States and enrolling in one of FBISD’s schools, he was diagnosed with attention deficit hyperactivity disorder (“ADHD”). Starting in 2008, FBISD created, modified, and implemented a Section 604 education plan tailored to Z.A.’s ADHD to assist his educational growth. 1 Z.A. attended school, assisted by the remedies outlined in the Section 504 plan, until he began exhibiting more significant mental and emotional disabilities between the eighth and ninth grades.

Z.A. was an eighth-grade student during the 2011 — 12 school year. In mid-December 2011, he attempted suicide by swallowing pills; he came to school after the attempt and went to the nurse’s office. The staff at FBISD also became aware that he was smoking marihuana with his parents’ knowledge. Despite his disabilities and marihuana use, Z.A. had been performing with reasonable success at school. Hé had done well on state-administered standardized tests and had bragged to his teachers that he knew exactly how much effort was necessary to pass his courses.

In January 2012, after the suicide attempt, school officials met with Z.A.’s parents to discuss his Section 504 plan. Z.A.’s mother informed them that he was taking medication for ADHD and depression and was seeing a psychologist twice a month.

*252 In March 2012, school officials reconvened to discuss Z.A.’s progress. Z.A.’s parents requested a special-education assessment at that meeting, although they did not receive the consent form necessary for the testing until June. Z.A. subsequently failed three courses and was required to attend summer school. Once the special-education testing was conducted, it was determined that Z.A. experienced significant emotional deficits, involving anxiety and depression, that manifested themselves in school as withdrawal behavior. Nonetheless, Z.A.’s academic achievement was average or above average in every area tested. The evaluators concluded that he could pass his classes with preferential seating, frequent breaks, positive reinforcement, behavior-management plans, and extended times for tests and projects.

In August 2012, an Admission, Review, and Dismissal (“ARD”) Committee meeting was held with school officials and Z.A.’s parents to fashion an individualized education plan (“IEP”) for Z.A. as required under the IDEA. See 20 U.S.C. § 1414(d). The ARD recommended in-class support from special education staff and meetings with the school psychologist once every nine weeks. 2

After Z.A. entered high school, he refused to complete much of his school work and continued to inform teachers of his aspirations to sell marihuana. When school officials and Z.A.’s parents conducted a status meeting on September 17 to discuss Z.A.’s progress, neither side expressed additional or graver concerns about Z.A.’s emotional or intellectual state; Z.A.’s plans for graduation, vocational school, and college were discussed, 3 and the parents continued to agree with the IEP.

On October 25, before the end of the first nine-week grading period, Z.A.’s parents withdrew him from classes unilaterally and without advance notice and placed him at RedCliff Ascent, a wilderness camp in Utah. Z.A.’s psychologist, Dr. Peacock, testified that he recommended the change to improve Z.A.’s mental-health and substance-abuse issues, classifying the change as a response to an emergency. In November 2012, Z.A.’s parents requested a meeting with the ARD committee, seeking reimbursement of the cost of placing Z.A. at RedCliff. The ARD Committee denied reimbursement.

After being released from RedCliff in January 2013, Z.A. entered Change Academy Lake of the Ozarks (“CALO”), a mental-health facility in Missouri. At some point in his time at RedCliff or CALO, Z.A. was diagnosed with reactive attachment disorder (“RAD”), a condition that CALO specializes in treating.

II.

Z.A.’s parents filed an administrative complaint against FBISD seeking reimbursement for the RedCliff and CALO placements. Finding that FBISD had failed to provide Z.A. with a free appropriate public education (“FAPE”) as required by the IDEA, the hearing officer ordered FBISD to reimburse the parents for part of their expenses at CALO. 4 FBISD sued to reverse the administrative decision; the parents counterclaimed, asking the court *253 to affirm the reimbursement order and award attorney’s fees. The court granted judgment for the parents, ordering $7,000 per month in reimbursement for the cost of CALO, $677.60 in transportation costs, and $90,000 in attorney’s fees.

The court first determined that FBISD had not made a FAPE available to Z.A., which meant that the parents were eligible for reimbursement of a private placement. See 20 U.S.C. § 1412(a)(10)(C). Next, the court found that the placement in CALO was appropriate, which is necessary for that placement to be reimbursed. See Richardson ISD v. Michael Z., 580 F.3d 286, 299 (5th Cir.2009). FBISD challenges both of those determinations.

We review de novo, as a mixed question of law and fact, a decision that a placement was. appropriate. Cypress-Fairbanks ISD v. Michael F., 118 F.3d 245, 252 (5th Cir.1997). Findings of underlying fact are reviewed for clear error. Id. The party seeking reimbursement for a private placement has the burden of showing that the placement was appropriate. R.H. v. Plano ISD, 607 F.3d 1003, 1016 (5th Cir.2010).

III.

FBISD challenges both the holding that it did not provide a FAPE and the decision that the CALO placement was appropriate and therefore eligible for reimbursement. We conclude that Z.A.’s parents did not meet their burden of showing that the placement was appropriate.

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601 F. App'x 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-bend-independent-school-district-v-douglas-a-ex-rel-za-ca5-2015.