Joseph James, a Minor by and Through His Parents, Nancy James and Cameron James Nancy James Cameron James v. Upper Arlington City School District

228 F.3d 764, 2000 U.S. App. LEXIS 23866, 2000 WL 1423161
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 28, 2000
Docket98-3048
StatusPublished
Cited by38 cases

This text of 228 F.3d 764 (Joseph James, a Minor by and Through His Parents, Nancy James and Cameron James Nancy James Cameron James v. Upper Arlington City School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph James, a Minor by and Through His Parents, Nancy James and Cameron James Nancy James Cameron James v. Upper Arlington City School District, 228 F.3d 764, 2000 U.S. App. LEXIS 23866, 2000 WL 1423161 (6th Cir. 2000).

Opinions

BOGGS, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. RALPH B. GUY, Jr., J. (pp. 770-71), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOGGS, Circuit Judge.

Nancy and Cameron James removed their son Joseph from the Upper Arlington school system in November 1989, because he was in the fourth grade and still could not read due to severe dyslexia, which the parents felt that the school was not doing enough to help him overcome. At a meeting the previous month to discuss Joseph’s individualized educational program (IEP), the school district had told the parents that Joe would never learn to read and would “have to learn there are other ways to get information besides reading.” Over the next six years, Joseph was placed in three different private schools, where he did learn to read. The Jameses did not ask the school district to pay for the tuition. They did, however, continue to have some interaction with the district.

In the spring of 1990, the Jameses asked for a new IEP for Joseph, but were told that the school district would not prepare one until Joseph re-enrolled in the public school system. They declined to pursue that option. According to the complaint, “after Joe completed the [school] year at Kildonan,” the Jameses again- approached the school district about returning Joseph to the public schools, but the Director of Special Education told the parents, “Don’t bring him back now, give me a couple of years to get someone trained.” The Jameses did not challenge that advice, or the district’s continuing refusal to write an IEP for Joseph until he re-enrolled. Finally, on May 13, 1996, the Jameses made a written request for a due process hearing under the Individuals with Disabilities Education Act (IDEA), seeking retroactive and prospective tuition from Upper Arlington for Joseph’s private school education.

The Administrative Officer never reached the merits of whether Joseph had an appropriate individual education plan, nor was there an evidentiary hearing, because the AO accepted the school district’s argument that the Jameses had not followed proper procedures, and therefore granted the district’s motion to dismiss. A state level review officer affirmed the AO’s decision, based on the grounds that the parents had unilaterally withdrawn their son without first pursuing the appropriate administrative remedies.

The district court granted judgment on the pleadings to the school district in a [767]*767December 15, 1997 order, holding that the statute of limitations had begun to run in November 1989 when Joseph was removed from the school district and had expired no more than four years later, long before the current action began. The district court noted that the Jameses had known of their right to initiate a due process hearing in 1989, but had failed to do so until 1996. Because they failed to pursue administrative relief before removing their son from public school, and because the statute of limitations has run, the district court concluded that the Jameses are no longer entitled to an education at public expense. We disagree with the district court that the Jameses did not give the school district an adequate opportunity to correct Joseph’s educational program. Although we affirm the judgment of the district court with regard to Joseph’s 1989 removal and the 1990 rebuffed request for an IEP on statute of limitations grounds, we remand the case for further proceedings on the separate subsequent cause of action that arose in 1994 and may have been timely pursued in 1996.

I

The Supreme Court has held that parents who violate the “stay-put provision” of IDEA (20 U.S.C. § 1415(e)(3), now 20 U.S.C. § 1415(j)) during the pendency of administrative review procedures do not forfeit the right to tuition reimbursement. See School Comm. of Burlington, Mass. v. Department of Educ. of Mass., 471 U.S. 359, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985). However, if their removal decision is not upheld, they do not get reimbursed. See Florence County Sch. Dist. Four v. Carter, 510 U.S. 7, 15, 114 S.Ct. 361, 126 L.Ed.2d 284 (1993) (“[Pjarents who ... unilaterally change their child’s placement during the pendency of review proceedings ... do so at their own financial risk”). The Sixth Circuit has read this precedent to mean that parents who ignore the administrative process entirely “generally render their children ineligible for free special education.” Wise v. Ohio Dept. of Educ., 80 F.3d 177, 183 (6th Cir.1996). The Wise plaintiffs never made a formal request for a hearing, so the facts are slightly different than here where a request was made eventually, although extremely late in the game.

The law is well established that parents who unilaterally withdraw a student, request a due process hearing, and pursue administrative relief, may recover tuition retroactively if their administrative action is successful. Less clear is whether parents who do not request a hearing until years later receive similar treatment. The Jameses’ claim thus raises two questions. First, may their 1994 interaction with the school district be construed to raise a new cause of action? Second, if not, then does the statute of limitations bar consideration of the merits of the Jameses’ claim?

II

The Jameses acknowledge that they did not request a due process hearing until 1996. However, they claim that the school district did not advise them that they could request such a hearing or that they might have a right to tuition reimbursement. Moreover, they note that the IDEA requires school districts to give parents such notice in writing when the school district refuses to make a requested change in a child’s special education program. The district concedes such an obligation under the statute, but insists that the Jameses acted unilaterally, and that the school district thus never had an opportunity to refuse to make a requested change. In addition, the record contains evidence suggesting that the Jameses had actual notice of their hearing rights. On April 14, 1987, Mrs. James signed a form stating that “My rights have been discussed with me and I have received ... information for parents regarding special education.” This information included a brochure informing parents that “you ... have the right to request an impartial due process hearing at any time to resolve [768]*768disagreements related to ... the provision of a free appropriate public education to your child.” Despite knowledge of their hearing rights, the Jameses did not seek a hearing to resolve the problem with the school district’s education program for their son until 1996.

The Jameses’ 1994 interaction with the school district suggests that a new cause of action arose prior to their 1996 request for a due process hearing. Taking all the well-pleaded facts as true, as we must on a motion to dismiss, the Jameses made contact with the school system about returning their son in 1994 and having a new IEP done, but were essentially rebuffed.

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228 F.3d 764, 2000 U.S. App. LEXIS 23866, 2000 WL 1423161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-james-a-minor-by-and-through-his-parents-nancy-james-and-cameron-ca6-2000.