Reyes ex rel. R.P. v. New York City Department of Education

760 F.3d 211, 2014 WL 3685943, 2014 U.S. App. LEXIS 14224
CourtCourt of Appeals for the Second Circuit
DecidedJuly 25, 2014
DocketDocket No. 13-158
StatusPublished
Cited by35 cases

This text of 760 F.3d 211 (Reyes ex rel. R.P. 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
Reyes ex rel. R.P. v. New York City Department of Education, 760 F.3d 211, 2014 WL 3685943, 2014 U.S. App. LEXIS 14224 (2d Cir. 2014).

Opinion

SACK, Circuit Judge:

The Individuals with Disabilities Education Act (“IDEA”) promises each child with a disability a free appropriate public education (“FAPE”),1 20 U.S.C. § 1400(d)(1)(A), which must be “reasonably calculated to enable the child to receive educational benefits,” Bd. of Educ. v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). To fulfill this promise, the IDEA allows parents who think that their local school district is not providing their child a FAPE to enroll the child in a private school program unilaterally and thereafter seek reimbursement for the private school tuition from the school district. 20 U.S.C. § 1412(a)(10)(C)(ii). Deciding that the individualized education program (“IEP”) proposed by the New York City Department of Education (“DOE”) for the 2010-2011 school year failed to provide her son a FAPE, Reyes enrolled him at the private Rebecca School in Manhattan and brought a due-process complaint seeking tuition reimbursement. An impartial hearing officer (“IHO”) granted her relief, but a state review officer (“SRO”) reversed that decision on appeal. Reyes then filed a civil action in the United States District Court for the Southern District of New York. The district court (William H. Pauley III, Judge) affirmed the SRO’s decision.

Reyes appealed, arguing principally that the SRO relied on retrospective testimony impermissible under R.E. v. New York City Department of Education, 694 F.3d 167, 186 (2d Cir.2012), cert. denied, — U.S. -, 133 S.Ct. 2802, 186 L.Ed.2d 861 (2013). We reverse the judgment and remand the cause to the district court for further proceedings.

STATUTORY BACKGROUND

The Individuals with Disabilities Education Act requires all states receiving federal funds to provide “all children with disabilities” a “free appropriate public education,” 20 U.S.C. § 1412(a)(1)(A), to “prepare them for further education, employment, and independent living,” id. § 1400(d)(1)(A). A FAPE consists of “special education and related services tailored to meet the unique needs of a particular child,” Walczak v. Fla. Union Free Sch. Disk, 142 F.3d 119, 122 (2d Cir.1998) (internal quotation marks omitted), which are “reasonably calculated to enable the child to receive educational benefits,” Rowley, 458 U.S. at 207, 102 S.Ct. 3034, and provided in conformity with an individualized education program, or IEP, 20 U.S.C. § 1401(9)(D). The IEP, which the school district is required to prepare annually, must include the child’s present levels of academic achievement and functional performance, goals and objectives for the child, and the special education and related services to be provided to the child so that he or she can advance toward attaining those goals and objectives. 20 U.S.C. § 1414(d). Under New York law, local Committees on Special Education (“CSEs”) are responsible for developing [215]*215appropriate IEPs. N.Y. Educ. Law § 4402(l)(b)(l).

Any parent who thinks that the school district is failing to provide his or her child a FAPE may unilaterally enroll the child in a private school and seek tuition reimbursement from the school district. 20 U.S.C. § 1412(a)(10)(C)(ii). However, parents pursue this option at their financial risk: Reimbursement will be granted only if (1) the proposed IEP failed to provide the student with an appropriate public education; (2) the parent’s private placement was appropriate to the child’s needs; and (3) equitable considerations support the parent’s claim. Sch. Comm. of Burlington v. Dep’t of Educ., 471 U.S. 359, 370, 374, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985); see also Florence Cnty. Sch. Dist. Four v. Carter, 510 U.S. 7, 15-16, 114 S.Ct. 361, 126 L.Ed.2d 284 (1993) (reaffirming Burlington); Forest Grove Sch. Dist. v. T.A., 557 U.S. 230, 247, 129 S.Ct. 2484, 174 L.Ed.2d 168 (2009) (reaffirming Carter and Burlington). This analysis is also known as the Burlington/Carter test. R.E., 694 F.3d at 185.

To seek tuition reimbursement, a parent must file a “due-process complaint,” which entitles him or her to an “impartial due process hearing” before an IHO. 20 U.S.C. § 1415(b)(6), (f); N.Y. Educ. Law § 4404(1). Under New York law, the school district bears the burden of proof, “including the burden of persuasion and burden of production,” to establish that its proposed IEP provided the child a FAPE, while the parent bears the burdens of persuasion and production regarding the appropriateness of the private placement. N.Y. Educ. Law § 4404(l)(c).2 But to the extent that a court “must determine whether the state administrative decisions were supported by a preponderance of the evidence, which party bore the burden of persuasion in the state review scheme is only relevant if the evidence was in equipoise.” M.H. v. N.Y.C. Dep’t of Educ., 685 F.3d 217, 225 n. 3 (2d Cir.2012). Either party may appeal the IHO’s decision to an SRO, N.Y. Educ. Law § 4404(2), whose determination may in turn be appealed by bringing a civil action in either state or federal court, id. § 4404(3)(a); 20 U.S.C. § 1415(i)(2)(A).

FACTUAL AND PROCEDURAL BACKGROUND

Reyes’s son, R.P., is a nineteen-year-old autistic student with deficits in cognitive functioning; receptive, expressive, and pragmatic language abilities; and fine and gross motor skills. In addition to autism, he has been diagnosed with sensory integration dysfunction, moderate mental retardation, and attention-deficit/hyperaetivity disorder.

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760 F.3d 211, 2014 WL 3685943, 2014 U.S. App. LEXIS 14224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reyes-ex-rel-rp-v-new-york-city-department-of-education-ca2-2014.