T.L. ex rel. Latisha G. v. Pennsylvania Leadership Charter School

224 F. Supp. 3d 421, 2016 U.S. Dist. LEXIS 171181, 2016 WL 7188226
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 12, 2016
DocketCIVIL ACTION No. 16-1230
StatusPublished
Cited by12 cases

This text of 224 F. Supp. 3d 421 (T.L. ex rel. Latisha G. v. Pennsylvania Leadership Charter School) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
T.L. ex rel. Latisha G. v. Pennsylvania Leadership Charter School, 224 F. Supp. 3d 421, 2016 U.S. Dist. LEXIS 171181, 2016 WL 7188226 (E.D. Pa. 2016).

Opinion

MEMORANDUM

MCHUGH, United States District Judge

This ease concerns an agreement reached between a parent and a charter school to settle claims arising under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The principal question before me is whether such an agreement is enforceable in federal court when it originated during an IDEA “resolution meeting” but was finalized beyond the “resolution period” prescribed by statute. At first glance it might seem that refusing to entertain this action would undercut the goals of the IDEA. But based on the IDEA’S plain text, and taking into consideration the complex two-track system of remedies that Congress created through the statute, I conclude that Congress made deliberate and strategic choices in structuring the Act, with the result that an agreement reached in this manner is unenforceable in federal court. Plaintiffs’ Amended Complaint is therefore dismissed.

I. Background

A. The IDEA Framework

Before proceeding to the facts of this case, a brief discussion of the IDEA’S terminology and complex remedial structure is necessary for context.

[425]*425Congress enacted the IDEA to ensure that “all disabled children in states accepting federal funding for the disabled will receive a ‘free appropriate public education,’” or FAPE. Jeremy H. ex rel. Hunter v. Mount Lebanon Sch. Dist., 95 F.3d 272, 274 (3d Cir. 1996). The IDEA’S FÁPE requirement mandates instruction that is “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.” D.S. v. Bayonne Bd. of Educ., 602 F.3d 553, 556 (3d Cir. 2010) (quoting Bd. of Educ. v. Rowley, 458 U.S. 176, 188-89, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982)).

In order to receive federal funds under the IDEA, a state must submit a plan of compliance to the Secretary of Education, who then distributes funding to the State Education Agency (SEA). 20 U.S.C. §§ 1412-1414. The SEA in turn apportions funds to Local Education Agencies (LEAs) who actually provide services to children. Id. § 1413(a).

The “primary vehicle” that LEAs use to “provid[e] [disabled] students with the required free and appropriate education” is the Individualized Education Program (IEP). S.H. v. State-Operated Sch. Dist., 336 F.3d 260, 264 (3d Cir. 2003). An IEP is a regularly updated document that details the student’s present levels of achievement and performance, sets measurable annual goals, and describes the special educational and related services designed to achieve those goals. See 20 U.S.C. § 1414(d)(1)(A) (listing the required elements of an IEP).

Parents wishing to challenge some aspect of IEP development or implementation can initiate an administrative review process by submitting a “due process complaint” to their child’s LEA and to the SEA. Id. § 1415(b)(6).1 Upon receipt of a proper due process complaint, the SEA assigns the matter to a special education hearing officer who schedules a “due process hearing.” Id. § 1415(f)(1)(A). At the hearing’s conclusion, the officer’s findings are appealable or enforceable in state or federal court. Id. § 1415(i)(2)(A); see also D.E. v. Cent. Dauphin Sch. Dist., 765 F.3d 260, 276-78 (3d Cir. 2014) (holding that prevailing parties can enforce a hearing officer’s favorable decision by bringing a civil action in federal court). In Pennsylvania, due process - hearings are run by the Office for Dispute Resolution (ODR).

When the IDEA’S predecessor, the Education for All Handicapped Children Act, was passed in 1975, the due process hearing was the only statutory mechanism for resolving disputes between parents and LEAs. However, Congress expressed concern that these adversarial proceedings “bre[d] an attitude of distrust between the parents and the school personnel” and discouraged parties from “working cooperatively to find the best education placement and services for the child.” H. R. Rep. No. 108-77, at 85 (2003). Accordingly, Congress amended the IDEA in 1997 and again in 2004 to facilitate the amicable resolution of differences prior to the formal due process hearing. See Pub. L. No. 105-17 (1997); Pub. L. No. 108-446 (2004). The IDEA now provides for two alternative dispute resolution mechanisms: the “resolution meeting” and accompanying “resolution period,” and the “mediation process.” Each is considered briefly.

1. The Resolution Meeting and Resolution Period (Resolution Process)

Today, when an LEA receives a proper due process complaint, it has 15 days to [426]*426convene a “resolution meeting,” which functions as a kind of pretrial settlement conference in advance of the due process hearing. 34 C.F.R. § 300.510(a). The meeting allows parents to “discuss their complaint, and the facts that form the basis of the complaint,” and gives the LEA “the opportunity to resolve the complaint.” 20 U.S.C. § 1415(f)(1)(B). To ensure productive resolution meetings, the IDEA requires the attendance of “a representative of the [LEA] who has decision-making authority.” Id. If the LEA fails to produce the required decision-maker, parents can “seek the intervention of a hearing officer.” 34 C.F.R. § 300.510(b)(5). If a settlement agreement is reached “at a [resolution meeting]”2 the parties can execute an agreement that is enforceable in state or federal court. Id.

In addition to the resolution meeting, the IDEA also provides for a 30-day “resolution period,” which begins when the LEA receives a proper due process complaint. Id. § 500.510(b). After the resolution period, parties can initiate a formal due process hearing. 20 U.S.C. § 1415(e)(2)(B). Because the resolution meeting must be held no later than 15 days following receipt of a proper due process complaint, the resolution period effectively directs parties to wait at least 15 days following the resolution meeting before abandoning efforts to resolve their differences outside the context of an adversarial hearing. Nevertheless, parties remain free to expand or contract the time-frame between the filing of a due process complaint and the initiation of a due process hearing.

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224 F. Supp. 3d 421, 2016 U.S. Dist. LEXIS 171181, 2016 WL 7188226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tl-ex-rel-latisha-g-v-pennsylvania-leadership-charter-school-paed-2016.