R.B. Ex Rel. D.B. v. New York City Department of Education

603 F. App'x 36
CourtCourt of Appeals for the Second Circuit
DecidedMarch 19, 2015
Docket14-1405-cv
StatusUnpublished
Cited by9 cases

This text of 603 F. App'x 36 (R.B. Ex Rel. D.B. v. New York City Department of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.B. Ex Rel. D.B. v. New York City Department of Education, 603 F. App'x 36 (2d Cir. 2015).

Opinion

SUMMARY ORDER

Plaintiffs-Appellants R.B. and M.L.B., the parents of D.B., a child diagnosed with autism, appeal from a March 28, 2014 judgment following a March 26, 2014 order (Nathan, /.), which granted summary-judgment to the defendant on the parents’ claim for private-school tuition reimbursement under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1482. The district court order reviewed an October 17, 2012 decision of a State Review Officer (the “SRO”), which itself reviewed a February 28, 2012 decision of an Impartial Hearing Officer (“IHO”) who first heard the parents’ claim that their son’s individualized education program (“IEP”) was neither procedurally nor substantively appropriate. We assume the parties’ familiarity with the underlying facts, procedural history, and the issues on appeal.

Congress enacted the IDEA “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs.” 20 U.S.C. § 1400(d)(1)(A). A school district achieves compliance with the requirement of providing a free appropriate public education to its special-needs students through an annual IEP that is developed in compliance with the IDEA’S procedural requirements and is substantively “reasonably calculated to enable the child to receive educational benefits.” Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist., Westchester Cnty. v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). Public school districts must provide a “basic floor of opportunity” for receiving an education. Id. at 200, 102 S.Ct. 3034. ‘What the statute guarantees is an appropriate education, not one that provides everything that might be thought desirable by loving parents.” Walczak v. Florida Union Free Sch. Dist., 142 F.3d 119, 132 (2d Cir.1998) (internal quotation marks omitted). The adequacy of an IEP is evaluated in two steps. “First, we examine whether the state has complied with the procedures set forth in the IDEA. Second, we consider whether the proposed IEP is substantively appropriate in that it is reasonably calculated to enable the child to receive educational benefits.” T.P. ex rel. S.P. v. Mamaroneck Union Free Sch. Dist., 554 F.3d 247, 252 (2d Cir.2009) (per curiam) (internal quotation marks and citation omitted).

We review de novo a district court’s grant of summary judgment, which, in an IDEA case, “involves more than looking into disputed issues of fact; rather, it is a pragmatic procedural mechanism for reviewing administrative decisions.” R.E. v. N.Y.C. Dep’t. of Educ., 694 F.3d 167, 184 (2d Cir.2012) (internal quotation marks omitted). We recognize that “[t]he role of the federal courts in reviewing state educational decisions under the IDEA is circumscribed.” T.P., 554 F.3d at 252 (internal quotation marks omitted). The IDEA requires a district court to “base its decision on the preponderance of the evidence, [but the Court] must give due weight to the administrative proceedings, mindful that the judiciary generally lacks the specialized knowledge and experience necessary to resolve persistent and difficult questions of educational policy.” Id. (internal quotation marks, brackets, and citations omitted). Accordingly, “[t]he responsibility for determining whether a challenged IEP will provide a child with an appropriate public education rests in the first instance with administrative *39 hearing and review officers,” and we defer to their expertise on education policy. Walczak, 142 F.3d at 129. “Deference is particularly appropriate when the state officer’s review ‘has been thorough and careful,’ but still we do not ‘simply rubber stamp administrative decisions.’ ” R.E., 694 F.3d at 184 (quoting Walczak, 142 F.3d at 129).

First, we agree with the district court and the SRO that the IEP’s development was procedurally adequate, and that any inadequacy did not “impede[] the child’s right to a free appropriate public education[,] significantly impede[ ] the parents’ opportunity to participate in the deci-sionmaking process regarding the provision of a free appropriate public education to the parents’ child[,] or cause[ ] a deprivation of educational benefits.” 20 U.S.C. § 1415(f)(3)(E)(ii). The parents contend that, in developing the IEP, the local committee on special education should have conducted a functional behavior analysis and developed a behavior intervention plan based on that analysis. Although they raised this argument in their initial filing, the parents never pursued it before the IHO, SRO, or district court, and, as a result of that decision, no administrative record was made from which we might develop a reasoned view of the merits. Because this “is precisely the type of issue upon which the IDEA requires deference to the expertise of the administrative officers,” A.C. ex rel. M.C. v. Bd. of Educ. of the Chappaqua Cent. Sch. Dist., 553 F.3d 165, 172 (2d Cir.2009) (internal quotation marks omitted), we decline to consider it in the first instance.

The parents further contend that they were denied meaningful participation in the selection of the school that their son would attend. This claim is also waived because the parents did not include it in their initial filing with the school district. See R.E., 694 F.3d at 187 n. 4. But even if we were to consider this contention, it lacks merit because parents are guaranteed only the opportunity to participate in the decision about a child’s “educational placement,” see 20 U.S.C. § 1414(e), which “refers to the general educational program—such as the classes, individualized attention and additional services a child will receive—rather than the ‘bricks and mortar’ of the specific school,” T.Y. v. N.Y.C. Dep’t. of Educ., 584 F.3d 412, 419 (2d Cir.2009); see also Assistance to States for the Education of Children with Disabilities, 64 Fed.Reg. 12406, 12594 (Mar. 12, 1999).

The development of the IEP was not unblemished. We agree with the district court and the SRO that the IEP should have provided for parent counseling and training. But “because school districts are required by [N.Y. Comp.Codes R. & Regs., tit. 8,] section 200.13(d) to provide parent counseling, they remain accountable for their failure to do so no matter the contents of the IEP,” R.E., 694 F.3d at 191, so this omission, although a procedural violation, did not deny the student a free appropriate public education.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cruz v. Banks
S.D. New York, 2024
F.L. v. Board of Education of the Great Neck U.F.S.D.
274 F. Supp. 3d 94 (E.D. New York, 2017)
R.B. v. New York City Department of Education
689 F. App'x 48 (Second Circuit, 2017)
J.B. v. New York City Department of Education
242 F. Supp. 3d 186 (E.D. New York, 2017)
A.M. v. New York City Department of Education
845 F.3d 523 (Second Circuit, 2017)
GB v. New York City Department of Education
145 F. Supp. 3d 230 (S.D. New York, 2015)
FB v. New York City Department of Education
132 F. Supp. 3d 522 (S.D. New York, 2015)
J.S. v. New York City Department of Education
104 F. Supp. 3d 392 (S.D. New York, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
603 F. App'x 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rb-ex-rel-db-v-new-york-city-department-of-education-ca2-2015.