Phillips v. District of Columbia

932 F. Supp. 2d 42, 2013 WL 1189324, 2013 U.S. Dist. LEXIS 40909
CourtDistrict Court, District of Columbia
DecidedMarch 25, 2013
DocketCivil Action No. 2009-0987
StatusPublished
Cited by3 cases

This text of 932 F. Supp. 2d 42 (Phillips v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. District of Columbia, 932 F. Supp. 2d 42, 2013 WL 1189324, 2013 U.S. Dist. LEXIS 40909 (D.D.C. 2013).

Opinion

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

Melodía Phillips, the plaintiff in this case, brings this action on behalf of her son, T.P., seeking compensatory education for him under the Individuals with Disabilities Education Act (the “IDEA”), 20 U.S.C. §§ 1400-1491 (2006). See First Amended Complaint for Declaratory Judgment, Injunctive and Other Relief ¶¶ 46-55. Currently before the Court are the plaintiffs motion for summary judgment and the defendants’ cross-motion for summary judgment. Upon careful consideration of the parties’ submissions, 1 the Court concludes for the following reasons that it must deny the plaintiffs motion and grant the defendants’ cross-motion.

I. BACKGROUND

This is the latest chapter in a protracted effort by the plaintiff to ensure that her son, T.P., receives an adequate education in the wake of his 2004 diagnosis of having juvenile rheumatoid arthritis. Pl.’s Facts ¶¶ 1-12. At this advanced stage of the litigation, the following facts are already established and accepted by both parties: T. P. has a medical condition that entitles him to a “free appropriate public education that emphasizes special education and related services designed to meet [his] unique needs and prepare [him] for further education, employment, and independent living”, (“FAPE”) under the IDEA, 20 U. S.C. § 1400(d)(1)(A). See Defs.’ Mem. at 13; Pl.’s Facts ¶¶ 4, 8, 10. The defendants denied T.P. a FAPE from August, 2004 to March, 2006. Defs.’ Mem. at 13; *46 Pl.’s Facts ¶¶ 4-8. T.P. now has access to a FAPE, at the defendants’ expense, through his education at the Katherine Thomas School, a special education school, and has had access to those services since his enrollment there in 2006. PL’s Facts ¶¶ 1, 8; A.R. at 1076. The only remaining question in this case is whether T.P. is entitled to “compensatory education” for harm caused by the previous denial of services. 2

In a prior opinion, this Court held that the plaintiff had thus far “failed to present evidence that would allow the Hearing Officer or the Court to properly craft a compensatory award that comports with the IDEA” and consequently remanded the case to the Hearing Officer for further development of the factual record. Phillips ex rel. T.P. v. Dist. of Columbia, 736 F.Supp.2d 240, 250 (D.D.C.2010). To that end, the Hearing Officer convened a hearing on November 16, 2010. A.R. at 1064. The plaintiff called three witnesses from the Katherine Thomas School to testify about T.P.’s condition: the school’s education director, an occupational therapist, and a speech-language pathologist. Id. The witnesses testified that T.P. continues to struggle with his disability at the special education school, see A.R., Transcript of November 16, 2010 Hearing (“November 16, 2010 Hr’g Tr.”) at 46-185, and indicated that it was possible, but not certain, that his struggles stem from the original denial of a FAPE, id. at 133 (testimony of occupational therapist) (“[L]ack of movement in younger years can certainly be a piece leading to that kind of deficit”); id. at 153-58 (testimony of occupational therapist) (concluding that T.P. “lost a lot of range of motion and skills” during the 18 months without occupational therapy, but explaining that “it’s very difficult to know how [T.P.] would have responded [to earlier treatment,] or if what I’m saying now is a result of that lack of services or just a result of the disability”); id. at 172-73 (testimony of speech-language pathologist) (“I can’t make any statements about [how T.P. would have responded to earlier treatment]. All I can say is that children usually do make progress with early intervention services.”). The plaintiff also presented a compensatory education plan created by the witnesses and other staff at the Katherine Thomas School. A.R. at 763-97. The Hearing Officer found all three witnesses credible, id. at 1079, but concluded that the witnesses “did not establish that the student’s current deficits are related to, much less the result of, a denial of FAPE,” id. at 814.

Instead, the Hearing Officer determined that the case would require “an evaluator or team of evaluators who possess knowledge and expertise in childhood development” in order “to ascertain how the lack of early intervention impacted the Student or any student with similar disabilities.” Id. at 815. The Hearing Officer instructed each party to propose three evaluators or teams of evaluators, from which one would be chosen to evaluate the student at the defendants’ expense. Id. at 816.' The defendants opposed the Hearing Officer’s plan, and moved this Court for an “Order of Clarification” that appointing an independent evaluator at the defendants’ expense was outside the scope of the Hearing Officer’s authority. Id. at 821-22. The Court denied the motion, holding that, “[t]o ensure that the plaintiff has been provided an adequate opportunity to supplement the record with ... evidence, the Hearing Officer must be free to order any relief that she believes would assist the plaintiff in developing her case for an *47 award of compensatory education.” Id. at 822. Following the Court’s ruling, the defendants proposed three evaluators to the Hearing Officer, id. at 824-46, and the plaintiff proposed five, id. at 853. The Hearing Officer rejected the defendants’ evaluators, id. at 852-53, and instead selected Dr. William Ling, a clinical psychologist proposed by the plaintiff, to conduct the evaluation, id. at 856.

Dr. Ling evaluated T.P. and prepared a 42-page report on T.P.’s condition, see id. at. 868-909, and he orally presented his findings at a second hearing on April 8, 2011. See A.R., Transcript of April 8, 2011 Hearing (“April 8, 2011 Hr’g Tr.”) at 34-69. Dr. Ling testified that “[t]he question of whether or not [T.P.’s] issues were a result of any failure on the part of [the defendants] is a problematic question.” Id. at 38. He found that, during the 2004-2006 denial period, T.P. “was receiving services from [the] Hospital for Sick Children approximately three to four times a week.” Id. at-39. “Given the fact that [T.P.] was showing speech and language issues by the time of July 2005,” Dr. Ling explained, “the testing data would suggest that — and the record would suggest that he was showing these difficulties even despite a level of service that was being given to him.” Id. From this, Dr. Ling concluded that “even if [the defendants] had identified [T.P.] as being eligible for services [from the outset], chances are he would have gotten that level of service which is approximately equivalent to the level of service he was receiving at [the] Hospital for Sick Children throughout that period of time,” and thus that “it’s very difficult to identify a compensatory education plan.” Id. at 40.

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Cite This Page — Counsel Stack

Bluebook (online)
932 F. Supp. 2d 42, 2013 WL 1189324, 2013 U.S. Dist. LEXIS 40909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-district-of-columbia-dcd-2013.