L.C. v. Laurel Sch. Dist.

303 F. Supp. 3d 265
CourtDistrict Court, D. Delaware
DecidedMarch 23, 2018
DocketCIVIL ACTION NO. 17–989
StatusPublished

This text of 303 F. Supp. 3d 265 (L.C. v. Laurel Sch. Dist.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
L.C. v. Laurel Sch. Dist., 303 F. Supp. 3d 265 (D. Del. 2018).

Opinion

KEARNEY, District Judge

Federal law protects children with defined learning challenges by allowing parents and school districts to appeal decisions from fact-finding administrative hearing panels to us. We today address what happens when the parents bringing an appeal of limited issues terminate parental rights and a volunteer state appointed educational surrogate parent disagrees both with the hearing panel and with the parents' earlier-filed appeal. The educational surrogate parent wants to dismiss the child's claims-now close to resolution-for limited relief without consideration. She cites no harm to the child or loss of time or money to her. We are not bound by the educational surrogate parent's decision; instead, we must focus on the child's best interest before we dismiss these pending claims for expanded services on her behalf for no consideration. We expect the educational surrogate parent will act in the child's best interests and follow the hearing panel and our Order. While we are concerned with the educational surrogate parent's possibly uninformed view to date, we will not appoint another guardian ad litem for purposes of this case absent evidence the educational surrogate parent is not acting in the child's best interest and without a suitable guardian. We are close to resolving these important issues. Dismissal of claims now without consideration is not in the child's best interests. We deny the school district's motion to dismiss and the cross-motion for appointment of a guardian ad litem in the accompanying Order.

I. Relevant facts adduced from briefs and our best interests hearing.

Twelve year old L.C. suffers from idiopathic intracranial hypertension and has significant fine motor and sensor needs.1 Child Protective Services removed L.C. and her two siblings from their biological parent's home at five years old when L.C. could speak just four words: mommy, daddy, cat, and eat and she suffered from microcephaly, ear infections, dental issues, motor jerking movements, sleep difficulties, and speech and language delays.2 L.C. then lived with two foster families.3 Child Protective Services removed L.C. from her first foster home because her biological *268sister sexually abused another child in the home.4 The same sister sexually abused L.C. as well.5

In 2012, B.C. and A.Z. adopted L.C.6 L.C.'s adoptive parents enrolled her in Laurel School District.7 In 2015, with the guidance of L.C.'s mental health providers, L.C.'s adoptive parents enrolled her in the Delaware Guidance Services Day Treatment program.8 The District and the Day Treatment Program provided L.C.'s education defined in her individualized education program ("IEP"). At least once every three years, L.C.'s IEP team meet to re-evaluate L.C.9 The IEP team most recently met in the Fall 2015.10 The IEP team performed a cognitive assessment, an academic achievement test, adaptive skills assessment, and behavioral assessment.11 The IEP team summarized L.C.'s results in an evaluation summary report.12

Two months later, L.C. experienced homicidal ideations resulting in a stay with the Rockford Center inpatient program for over a month.13 L.C. then moved to Terry Children's Psychiatric Center and remained there for nearly two months.14 Upon discharge from the Terry Children's Psychiatric Center, L.C. returned to the District to complete her school year.15

a. Due Process Hearing Panel's April 21, 2017 Order.

The following school year, L.C.'s adoptive parents expressed concerns about the evaluation summary report the IEP team relied upon to create her educational plan for the year.16 L.C.'s adoptive parents requested the District reevaluate L.C. by performing an individualized educational evaluation ("IEE") at public expense.17 The District refused to provide an IEE and then filed a due process complaint in defense of its evaluation summary report.18

On April 21, 2017, the Due Process Hearing Panel ordered the District fund an independent psychiatric assessment and independent functional behavioral assessment.19 The Hearing Panel also ordered the District to repeat occupational therapy, speech and language, and neuropsychological assessments.20 Finally, the Hearing Panel ordered L.C.'s adoptive parents to choose a psychiatric and behavioral specialist to perform the independent assessments from a list of specialists created by the District.21

b. L.C. sues the District appealing parts of the Hearing Panel's Order.

Ninety days later, L.C., through her counsel The McAndrews Firm, sued the *269District under the Individuals with Disabilities Education Act ("IDEA").22 L.C.'s counsel challenged the Hearing Panel's Order requiring L.C. to choose from a list of evaluators created by the District for the psychiatric and functional behavioral assessments and requiring the District "repeat" the occupational therapy, speech/language, and neuropsychological assessments, rather than provide for independent assessments. L.C. seeks a wider choice of evaluators-not just those selected by the District. L.C. also seeks an order requiring the District perform an IEE at public expense.

The District did not appeal the Hearing Panel's April 21, 2017 Order.

c. After suit, the adoptive parents terminate rights and the state appoints fiduciaries to protect L.C.

For reasons immaterial to our issues today, L.C.'s adoptive parents agreed to terminate their parental rights over L.C. after beginning this case. The state stepped in to protect L.C.

The Family Court terminated B.C. and A.Z.'s parental rights of L.C. upon consent.23 The parental rights of L.C. are now vested in the Department of Services for Children, Youth and Their Families, Division of Family Services.24 During the course of L.C.'s dependency proceeding, the Family Court appointed Elizabeth Soucek, Esq. as L.C.'s attorney under 13 Del. C. § 2504(f).25 Under § 2504(f) an appointed attorney must follow the duties and rights outlined in 29 Del C. § 9007A.26 Under § 9007A, the appointed attorney's scope of representation is limited to representing "the best interests of the child in all child welfare proceedings."27 Attorney Soucek confirmed her limited role in an email communication to both The McAndrews Firm and the District.28 Attorney Soucek described herself as L.C.'s "Child Attorney" or "guardian ad litem."29 Attorney Soucek confirmed she does not represent L.C. in this IDEA lawsuit.30 Attorney Soucek believes her representation of L.C. is limited to L.C.'s dependency proceeding in Family Court.31

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Bluebook (online)
303 F. Supp. 3d 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lc-v-laurel-sch-dist-ded-2018.