Moradnejad v. District of Columbia

177 F. Supp. 3d 260, 2016 U.S. Dist. LEXIS 42929, 2016 WL 1275577
District Court, District of Columbia·Decided March 31, 2016·No. Civ. Action No. 14-1159 (ABJ)·Published·Cited by 5 cases

Opinion

ORDER

AMY BERMAN JACKSON, United States District Judge

On March 16, 20Í6, Magistrate Judge G. Michael Harvey issued a Report and Recommendation [Dkt. # 21] (“R. & R.”) recommending that the Court deny plaintiffs’ Motion for Summary Judgment [Dkt. # 14] and grant defendant’s Cross Motion for Summary Judgment [Dkt. # 16], Local Civil Rule 72.3(b) provides that “[a]ny party may file for consideration by the district judge written objections to the magistrate judge’s proposed findings and recommendations ... within 14 days after being served with a copy thereof.” LCvR 72.3(b). The Report and Recommendation advised the parties that “failure to file timely objections to the findings and recommendations set forth in this report may waive your right of appeal from an order of the District Court adopting such findings and recommendations.” R. & R. at 36. To date, [263]*263no objections have been filed. It is therefore

ORDERED that the Report and Recommendation [Dkt. # 21] is ADOPTED in its entirety; and it is

FURTHER ORDERED that plaintiffs’ Motion for Summary Judgment [Dkt. #14] is DENIED and defendant’s Motion for Summary Judgment [Dkt. # 16] is GRANTED.

SO ORDERED.

REPORT AND RECOMMENDATION

G. MICHAEL HARVEY, UNITED STATES MAGISTRATE JUDGE

This matter was referred to the undersigned for full case management. Plaintiff Behnaz Moradnejad is the mother of Plaintiff P.X., a child protected by the Individuals with Disabilities Education Improvement Act (“IDEA”), 20 U.S.C. § 1400 et seq. Plaintiffs filed this action for injunc-tive and declaratory relief under the IDEA. Before the undersigned are the parties’ cross-motions for summary judgment. After reviewing the entire record,1 for the reasons set forth below, the undersigned recommends that Plaintiffs’ motion be denied and Defendant’s motion be granted.

BACKGROUND2

Behnaz Moradnejad is the mother of P.X., who was seven years old at the time this suit was brought. AR 7. P.X. was born in 2007 and has a history of brain damage stemming from a complicated delivery, including prolonged delivery, failed vacuum evacuation, and emergency C-section. See id. at 342, 899. In 2008, P.X. was evaluated by Early Stages, a District of Columbia Public Schools (“DCPS”) assessment center, which determined that P.X. had a pervasive developmental disorder that fell within the autism spectrum. Id. at 901. Subsequently, P.X. has been diagnosed with developmental coordination disorder and speech and language impairment. Id. at 347. P.X. was enrolled at Walker Jones Education Campus, which is part of the DCPS system, from February- 2010 through the end of the 2012-2013 school year. See id. at 414. P.X. then enrolled at Hearst Elementary School, where, at the time this suit was brought, P.X. remained enrolled. See id. ■

[264]*264On January 22, 2014, Plaintiffs filed an administrative due process complaint alleging that DCPS had denied P.X. a free appropriate public education (“FAPE”) by failing to develop an individualized education program (“IEP”) that was reasonably calculated to provide P.X. with educational benefit. Id. at 420. Specifically, Plaintiffs alleged that P.X.’s April 12, 2012, and January 28, 2013, IEPs inappropriately changed P.X.’s placement from a full-time, self-contained special education classroom to a general education' setting. Id. Plaintiffs also alleged that P.X.’s January 14, 2014, IEP inappropriately reduced P.X.’s speech arid language services and failed to include “writing” as an area of concern for P.X. Id. at 423.

An administrative due process hearing was held on March 24, March 26, and April 4, 2014. Id. at 4-5. On April 22, 2014, the administrative hearing officer issued her hearing officer’s determination (“HOD”), finding that Plaintiffs failed to meet them burderi of proof on both claims. See id. at 11-15. Plaintiffs now seek judicial review of the April 22, 2014, HOD. In their Complaint in this Court, Plaintiffs take issue only with the denial of their first claim relating to the April 12, 2012, and January 28, 2013, IEPs. Plaintiffs do not challenge the hearing officer’s findings regarding the January 14; 2014, IEP. See Compl. at 8-10. Thus the 'undersigned agrees with Plaintiffs' that “[discussion of [the January 14, 2014, IEP] is unnecessary.” Pl. Opp. at 2; see Quinn v. Dist. of Columbia, 740 F.Supp.2d 112, 130 (D.D.C.2010) (plaintiffs may not raise on summary judgment issues not raised in their complaint).3

A. Starting at Walker Jones Education Campus

In February 2010, when P.X. turned three years old, he was enrolled at Walker Jones Education Campus. Compl. at 3. Pursuant to his initial IEP, dated January 14, 2010, P.X. was placed in a small, self-contained setting for autistic children. AR 47-57. P.X. was prescribed twenty-seven hours per week of specialized instruction, one hour per week of occupational therapy, 1.5 hours per week of speech-language pathology, and thirty minutes per week of physical therapy. Id. at 56. This IEP was in effect from February to June 2010. Id. at 7. His June 22, 2010, IEP progress report, which considered P.X.’s performance from April to June of that year, showed that P.X. had mastered three of his IEP goals, had shown no progress on two of his goals, and was making progress towards achieving the rest. Id. at 71-78. P.X. was still non-verbal, but had learned social skills that included taking turns and following and walking with a group. Id. at 7.

B. Pre-Kindergarten

The following school year, 2010-2011, P.X. was removed from the self-contained autism’ classroom and prescribed a mixture of educational services to be administered both inside and outside of a general education pre-kindergarten classroom at Walker Jones. Id. at 125-31. This system of educating a disabled student in a general education setting to permit him or her to model off of typically developing peers is also referred to as the “inclusion model.” See id: at 1377. It is generally contrasted with self-contained placements, where the [265]*265student is educated in a special education classroom and rarely, if ever, interacts with general education students. See id. at 13. P.X. was prescribed twenty-two hours per week of specialized instruction in the general education classroom and five hours per week of specialized instruction outside the general education classroom. Id. at 125-31. Towards the end of the school year, P.X.’s April 4, 2011, IEP progress report indicated that he.had mastered or was making progress on most of his IEP goals. Id. at. 107-119.

During the 2011-2012 school year, P.X. repeated pre-kindergarten. Id. at 8. Under a revised IEP, dated November 15, 2011, P.X. was again prescribed educational services both inside and outside the general education environment at Walker Jones. Id. at 125-131. The November 15, 2011, IEP provided 19.5 hours per week of specialized instruction in the general education classroom, five hours per week of specialized instruction outside the general education classroom, four hours per month of occupational therapy, six hours per month of speech-language pathology, and two hours per month of physical therapy. Id. The general education classroom was comprised of approximately eighteen children, nine of whom had IEPs. Id. at 919.

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Moradnejad v. District of Columbia, 177 F. Supp. 3d 260, 2016 U.S. Dist. LEXIS 42929, 2016 WL 1275577 (D.D.C. 2016).

177 F. Supp. 3d 260 (Moradnejad v. District of Columbia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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