Porter ex rel. Porter v. Board of Trustees

307 F.3d 1064
Court of Appeals for the Ninth Circuit·Decided October 8, 2002·No. No. 01-55032·Published·Cited by 1 cases

Opinion

FISHER, Circuit Judge.

The plaintiffs, a child with a disability and his parents, filed this suit under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., and 42 U.S.C. § 1983. They allege that the failure of the defendants to implement the directives of an order issued as a result of [1066] an IDEA due process hearing denied Dashiel Porter a free appropriate public education. The district court dismissed the complaint for want of jurisdiction, ruling that plaintiffs were required to exhaust California’s complaint resolution process before suit. We hold that (1) further exhaustion of California’s due process procedures enacted to comply with § 1415 of the IDEA would be futile, (2) the plaintiffs were not required to exhaust California’s complaint resolution procedure and (3) the district court' erred in dismissing the plaintiffs claims for prospective injunctive relief against the state defendants based on Eleventh Amendment immunity.

I.

A. Statutory and regulatory background.

In 1975, finding that more than half of the nation’s eight million children with disabilities were not receiving appropriate educational services, Congress appropriated federal funds for state special education programs and made them available on the condition that states implement policies assuring a “free appropriate public education,” sometimes referred to as a “FAPE,” for all children with disabilities. 20 U.S.C. § 1412(a) (establishing right to a free appropriate public education); id. § 1400(c) (congressional findings). Known then as the Education of All Handicapped Children Act (“EHA”), and today named the Individuals with Disabilities Education Act or IDEA, the law “confers upon disabled students an enforceable substantive right to public education in participating States, and conditions federal financial assistance upon a State’s compliance with the substantive and procedural goals of the Act.” Honig v. Doe, 484 U.S. 305, 310, 108 S.Ct. 592, 98 L.Ed.2d 686 (1988) (citation and footnote omitted); see also Bd. of Educ. v. Rowley, 458 U.S. 176, 188-89, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982) (holding that the EHA established right to public education for students with disabilities that “consists of educational instruction specially designed to meet the unique needs of the handicapped child, supported by such services as are necessary to permit the child ‘to benefit’ from the instruction”).

Among the most important of the IDEA’S goals is the protection of “parents’ right to be involved in the development of their child’s educational plan.” Amanda v. Clark County Sch. Dist., 267 F.3d 877, 882 (9th Cir.2001). Toward this end, participating states are required to establish procedures giving parents “an opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” 20 U.S.C. § 1415(b)(6). After making their complaint, parents are entitled to “an impartial due process hearing.” Id. § 1415(f). A decision of the due process hearing “shall be final,” id. § 1415(i)(l)(A), except that “[a]ny party aggrieved by the findings and decision ... shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States.” Id. § 1415(i)(2)(A). These procedures, including the available appeal, must be explained to parents in writing upon the filing of an administrative complaint. Id. § 1415(d).

California adopted legislation to comply with IDEA’S due process hearing requirements. Cal. Educ.Code §§ 56500-56507. Under state law, a parent may initiate a due process hearing regarding the provision of a free appropriate public education for a child and that hearing will be conducted “at the state level.” Id. at § 56501(a), (b)(4).1 The decision of the [1067] hearing officer “shall be the final administrative determination and binding on all parties” unless a party “exereis[es] the right to appeal the decision to a court of competent jurisdiction ... within 90 days of receipt of the hearing decision.” Id. § 56505(g), (i).

Distinct from the IDEA’S due process requirements, the U.S. Department of Education promulgated regulations pursuant to its general rulemaking authority requiring each recipient of federal funds, including funds provided through the IDEA, to put in place a complaint resolution procedure (“CRP”). 34 C.F.R. §§ 300.660-300.662 (citing 20 U.S.C. § 1221e-3 as authority for rules); Lucht v. Moledla River Sch. Dist., 225 F.3d 1023, 1029 (9th Cir.2000).2 The regulations require each state education agency to adopt written procedures for “[r]esolving any complaint” regarding the education of a child with a disability. 34 C.F.R. § 300.660(a). The regulations permit a complaint to be filed with both the CRP and the IDEA due process hearing system, in which case the CRP must await the due process hearing’s resolution of overlapping issues, which is then binding in the CRP. Id. § 300.661(c). The regulations state further that the CRP must resolve a complaint alleging a public agency’s failure to implement a due process decision. Id. § 300.661(c)(3). The regulations do not, however, state that a parent must exhaust the CRP to enforce a due process decision in court.

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Porter ex rel. Porter v. Board of Trustees, 307 F.3d 1064 (9th Cir. 2002).

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