M.K. v. Prestige Acad. Charter Sch.

302 F. Supp. 3d 626
CourtDistrict Court, D. Delaware
DecidedJanuary 31, 2018
DocketCivil Action No. 17–1135
StatusPublished
Cited by2 cases

This text of 302 F. Supp. 3d 626 (M.K. v. Prestige Acad. Charter Sch.) 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
M.K. v. Prestige Acad. Charter Sch., 302 F. Supp. 3d 626 (D. Del. 2018).

Opinion

McHUGH, J.

This case concerns both substantive and procedural questions as to the enforceability of an agreement between a parent and a charter school in settlement of claims *629under the Individuals with Disabilities Act (IDEA), 20 U.S.C. § 1400 (2004). The substantive question is whether the agreement can be enforced against the Delaware Department of Education, as the responsible State Education Agency, where the charter school has ceased to exist, leaving the child with nowhere else to turn to vindicate his right to a free and appropriate education. The threshold procedural question is whether Plaintiff has waived federal jurisdiction because the settlement was finalized outside the statute's resolution process, or whether jurisdiction nonetheless exists because the case necessarily presents a substantial issue of federal law. Because I am persuaded that the agreement is enforceable against the State, and because I further conclude that resolution of that question necessarily creates a substantial federal question, Delaware's pending Motion to Dismiss will be denied.

I. The IDEA Framework

The Individuals with Disabilities Education Act (IDEA) requires states to "make available a free and appropriate public education ["FAPE"] to all children with disabilities residing within their borders." D.S. v. Bayonne Bd. of Educ. , 602 F.3d 553, 556 (3d Cir. 2010). The Act seeks to ensure that every child with a disability has access to a FAPE that is tailored to meet his or her unique educational needs. Charlene R. v. Solomon Charter Sch. , 63 F.Supp.3d 510, 512 (E.D. Pa. 2014). The central mechanism for securing this right is the Individualized Education Program (IEP), which is a package of special educational and related services designed to meet the unique needs of a disabled child. H.E. v. Palmer , 220 F.Supp.3d 574, 577 (E.D. Pa. 2016). To administer those services, the IDEA relies on states' education apparatuses.

The IDEA requires states to submit a plan of compliance to the Secretary of Education in exchange for federal money. § 1401(9). The Secretary then distributes federal funding to State Education Agencies (SEAs), which are responsible for apportioning those funds to schools and other Local Education Agencies (LEAs). § 1413(a). That process requires LEAs to apply to their SEA for funding. § 1412(a)(11)(A). With this funding, the LEA provides services to children with disabilities through, inter alia , developing an IEP after evaluating the child and continually making revisions as appropriate. §§ 1414(d)(1)(A)(i), (d)(4). The Fourth Circuit has aptly summarized the framework as follows:

The IDEA delegates supervisory authority to the SEA, which is responsible for administering funds, setting up policies and procedures to ensure local compliance with IDEA, and filling in for the LEA by providing services directly to students in need where the LEA is either unable or unwilling to establish and maintain programs in compliance with IDEA. The LEA, on the other hand, is responsible for the direct provision of services under IDEA, including the development of an ... [IEP] for each disabled student, the expenditure of IDEA funds to establish programs in compliance with IDEA, and the maintenance of records and the supply of information to the SEA as needed to enable the SEA to function effectively in its supervisory role under [the] IDEA.

Gadsby v. Grasmick , 109 F.3d 940, 943 (4th Cir. 1997).

The Act enforces a child's right to a FAPE by providing procedural safeguards that allow parents to contest LEA decisions regarding their children. Specifically, it requires states to adopt procedures affording an opportunity for any party to present a due process complaint regarding the "identification, evaluation, or educational *630placement of the child, or the provision of a [FAPE]." §§ 1415(a), (b)(6). Upon the LEA or SEA receiving that complaint, parents are entitled to an impartial due process hearing. § 1415(f)(1)(A). The findings and decisions that result are appealable in both state and federal district court. § 1415(i)(2)(A).

In addition, out of concern that such adversarial proceedings alone could breed distrust and discourage cooperation between the parents and school personnel, Congress amended the IDEA in 1997 and 2004 to facilitate the amicable resolution of disputes prior to the formal due process hearing. T.L. ex rel. Latisha G. v. Pennsylvania Leadership Charter Sch. , 224 F.Supp.3d 421, 425 (E.D. Pa. 2016) [hereinafter " T.L. "] (citing H. R. Rep. No. 108-77, at 85 (2003); Pub. L. No. 105-17 (1997) ; Pub. L. No. 108-446 (2004) ). Two additional processes were added: the resolution meeting and period [hereinafter "resolution process"], and the mediation process.

The resolution process begins when the LEA receives a proper due process complaint and requires that a due process hearing not be held until at least 30 days after the filing of that complaint. 34 C.F.R. § 500.510(b) (2007). In the interim, the LEA must hold a resolution meeting-akin to a pretrial settlement conference-within 15 days of the filing of a due process complaint. Id. § 300.510(a). The meeting allows parents to "discuss their complaint, and the facts that form the basis of the complaint," and gives the LEA "the opportunity to resolve the complaint." 20 U.S.C. § 1415(f)(1)(B). To ensure productive resolution meetings, the IDEA requires the attendance of "a representative of the [LEA] who has decision-making authority." Id. ; see also 34 C.F.R. § 300.510(b)(5) (allowing parents to seek the intervention of a hearing officer if the LEA fails to produce the required decision-maker).

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Bluebook (online)
302 F. Supp. 3d 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mk-v-prestige-acad-charter-sch-ded-2018.