Herbert v. St James Parish School Board

CourtDistrict Court, E.D. Louisiana
DecidedJune 16, 2025
Docket2:25-cv-00758
StatusUnknown

This text of Herbert v. St James Parish School Board (Herbert v. St James Parish School Board) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herbert v. St James Parish School Board, (E.D. La. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

SHIRAH HERBERT, individually and on CIVIL ACTION behalf of D.H., a minor child NO. 25-758 VERSUS SECTION M (4) ST. JAMES PARISH SCHOOL BOARD

ORDER & REASONS Before the Court is a motion for preliminary injunction filed by plaintiff Shirah Herbert, individually and on behalf of D.H., a minor child, seeking enforcement (reinstatement) of a “stay put” order issued by a Louisiana administrative law judge (“ALJ”) pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1415(j).1 Defendant the St. James Parish School Board (the “School Board”) responds in opposition,2 and Herbert replies in further support of her motion.3 A preliminary injunction hearing was held on May 19, 2025.4 At the hearing, Herbert did not submit any additional evidence, choosing instead to rely on the administrative record and an affidavit she submitted in support of her preliminary injunction motion.5 The School Board submitted the district’s school-year calendar as additional evidence, which shows that the last day of the regular school year was May 22, 2025.6 Also, the Court permitted the parties to file post- hearing briefs.7 Having considered the parties’ memoranda, the arguments made at the preliminary

1 R. Doc. 2. 2 R. Doc. 20. 3 R. Doc. 21. 4 R. Doc. 22. 5 R. Docs. 29 (administrative record); 2-2 (affidavit). 6 R. Doc. 22-1 (calendar). The School Board stated that it offers extended school year services, i.e., summer school, to eligible students, but made no representations as to whether D.H. would qualify if he were enrolled at one of its schools. 7 R. Docs. 23; 24. injunction hearing, the record (including the administrative record), and the applicable law, the Court denies Herbert’s preliminary injunction motion. I. BACKGROUND This case concerns a preschool-aged child, who is eligible for special education services, but was enrolled in the school district of a parish in which he and his parents did not reside and

was disenrolled when the school discovered the residency issue. The story begins in August 2024 when Herbert, who resides in St. John the Baptist Parish (“St. John”), decided to enroll her son D.H. in school in neighboring St. James Parish (“St. James”). To accomplish the enrollment, Herbert completed an application packet that referenced in some places her St. John address, but listed an address in St. James for D.H.8 Herbert stated that D.H. resided in St. James due to Herbert’s “work arrangements.”9 The application also required proof of residency for which Herbert, who did not own a home in St. James, provided a signed, sworn affidavit stating that both she and D.H. lived with someone named A.T. in St. James.10 Despite the address discrepancies, the School Board, relying solely on Herbert’s sworn affidavit as proof of residency, enrolled D.H. in the pre-kindergarten program at Cypress Grove Montessori Academy (“CGMA”).11

On October 22, 2024, CGMA identified D.H. as being eligible for special education services due to behavioral issues and developmental delays.12 While preparing for D.H.’s initial individualized education program (“IEP”) meeting, the principal of CGMA became aware that D.H. might not live in St. James, as Herbert had represented in her sworn affidavit.13 The principal

8 R. Docs. 1-2, Testimony of Amy Laiche; 29 at 125-52 (School Board ex. 1). Record Document 1-2 is the audio recording of the hearing to determine D.H.’s residence that was held before the ALJ on January 16, 2025. The exhibit referenced (i.e., the application packet) was offered by the School Board at that hearing and is part of the administrative record. 9 R. Doc. 29 at 139. 10 R. Docs. 1-2, Testimony of Laiche; 29 at 138-39. 11 R. Doc. 1-2, Testimony of Laiche. 12 R. Doc. 1 at 1-2. 13 R. Doc. 1-2, Testimony of Laiche. informed Amy Laiche, the School Board’s chief of schools and student support, of this residency issue.14 At some point thereafter, Laiche, who was at CGMA for an unrelated matter, saw A.T. at the school and witnessed an impromptu interaction between A.T. and D.H.15 It was clear to Laiche that A.T. was familiar with D.H., so she asked A.T. about D.H.16 A.T. informed Laiche that D.H. went to her daycare the prior school year (2023-2024), but stated that he did not reside with her

during the then-current school year (2024-2025).17 Laiche did not ask A.T. about the affidavit in Herbert’s enrollment application packet because the meeting was “not planned” and “off the cuff,” but Laiche saw it as an opportunity to confirm whether D.H. resided with A.T. in St. James.18 Laiche also investigated D.H.’s residency by looking to see if Herbert owned property in another parish, and she found that Herbert owned property in St. John.19 Then Laiche spoke with the principal of CGMA and they agreed that Laiche would call Herbert to ask about her residency.20 On November 1, 2024, Laiche called Herbert, and Herbert confirmed that she resided in St. John, but maintained that D.H. resided in St. James.21 Laiche explained to Herbert that the School Board’s policy, which is grounded in Louisiana law, requires that both the parent and the student

live within the geographical boundaries of St. James, and that, because Herbert lived in St. John, D.H. would be disenrolled from CGMA effective November 4, 2024.22 Laiche also explained to Herbert that D.H. should be enrolled in school in St. John, where Herbert resided.23 Also on

14 Id. 15 Id. 16 Id. 17 Id. 18 Id. 19 Id. 20 Id. 21 Id. 22 Id. Laiche explained further that the policy contained certain exceptions from this requirement but none applied to Herbert and D.H.’s case. Id. 23 Id. November 1, 2024, Laiche sent an email to Herbert that memorialized their telephone conversation.24 On November 27, 2024, the Louisiana Department of Education received a written request for a due process hearing from Herbert’s counsel, alleging that the School Board denied D.H. a free appropriate public education (“FAPE”) by: “(1) failing to conduct a thorough investigation or

provide [Herbert] with sufficient notice of her rights to appeal [the] School [Board’s] residency determination that [D.H. was] not a resident in [the] School [Board’s] geographical area; and (2) refusing and failing to convene an [IEP] team meeting or implement any services after finding [D.H.] eligible for special education services.”25 Herbert also requested an independent educational evaluation at public expense and a stay-put order under the IDEA.26 On December 6, 2024, Senecca Boudreaux, the School Board’s director of special education, wrote to Herbert to respond to her request for a due process hearing.27 Boudreaux explained that, under the IDEA and Louisiana state law, a school district is not required to provide a FAPE to a student who does not reside within the district.28 She further explained that it would

be futile for the School Board to conduct an IEP meeting when any resulting IEP would have to be reviewed and possibly changed when D.H. was enrolled in the correct school district, St. John.29 Boudreaux also confirmed to Herbert that the School Board remained willing to provide special education services to D.H. if she and he were to move to St. James and legitimately enroll in the district.30

24 Id.; R. Doc. 29 at 154. 25 R. Doc. 1-1 at 1. 26 Id. 27 R. Docs. 1-2, Testimony of Senecca Boudreaux; 29 at 160-63 (Boudreaux’s letter). 28 R. Doc. 29 at 160-63. 29 Id. 30 Id. On January 13, 2025, the ALJ issued the IDEA stay-put order, allowing D.H.

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Herbert v. St James Parish School Board, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-v-st-james-parish-school-board-laed-2025.