Upper Valley Ass'n for Handicapped Citizens v. Mills

168 F.R.D. 167, 1996 U.S. Dist. LEXIS 10974, 1996 WL 431831
District Court, D. Vermont·Decided July 17, 1996·No. Civil Action No. 2:94-cv-320·Published·Cited by 3 cases

Opinion

OPINION AND ORDER.

SESSIONS, District Judge.

This is a civil rights action, pursuant to 42 U.S.C. § 1983, brought on behalf of children with disabilities, their families and supportive organizations. Plaintiffs allege that the Commissioner and the Vermont State Board of Education violated rights secured by the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1401 et seq., by a systematic failure to conform to the procedural requirements set forth in that statute and implementing regulations. Specifically, Plaintiffs assert that Defendants failed: 1) to develop and implement procedures to ensure the timely conduct of an investigation and the issuance of a written decision; 2) to develop procedures affording adequate relief to successful complainants; 3) to take affirmative action to correct instances of noncompliance with the IDEA; and 4) to develop and implement appropriate procedures in accordance with Vermont’s special education regulations.

Plaintiffs filed a Motion for Class Certification pursuant to Fed.R.Civ.P. 23(e)(1) on March 22,1996. The proposed class includes all individuals or organizations within the state who are or will be eligible to file a complaint under the IDEA or its implementing regulations, 34 C.F.R.- §§ 300.660-300.662. Plaintiffs also include a subclass consisting of all children together with their parents or guardians who presently have or in the future will have a disability within the provisions of the IDEA, 20 U.S.C. [169]*169§ 1401(a)(1) and (15). Defendants oppose the granting of class certification.

1. Prerequisites for Class Certification

To be granted class certification status, Plaintiffs must satisfy all four criteria in Fed.R.Civ.P. 23(a) and one of the criteria in Fed.R.Civ.P. 23(b). Rule 23(a) permits parties to sue as representatives of a class only upon meeting four prerequisites: 1) the class is so numerous that joinder of all members is impracticable; 2) there are questions of law or fact common to the class; 3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and 4) the representative parties will fairly and adequately protect the interests of the class. Rule 23(a) should be construed liberally, especially early in the litigation. Woe v. Cuomo, 729 F.2d 96, 107 (2d Cir.) (“It is often proper ... for a district court to view a class action liberally in the early stages of litigation since the class can always be modified or subdivided as issues are refined for trial.”), cert. denied, 469 U.S. 936, 105 S.Ct. 339, 83 L.Ed.2d 274 (1984); Walsh v. Northrop Grumman Corp., 162 F.R.D. 440, 444 (E.D.N.Y.1995) (citing Eisen v. Carlisle & Jacquelin, 391 F.2d 555, 563 (2d Cir.1968)) (“It is well settled that Rule 23 is to be construed liberally in order to best serve the ends of justice and promote judicial economy.”). In ruling on a motion for class certification, the Court must accept the allegations set forth in the complaint as true. Maywalt v. Parker & Parsley Petroleum Co., 147 F.R.D. 51, 54 (S.D.N.Y.1993).

Generally, courts have looked favorably upon requests for class certification in cases which allege systematic violations of the IDEA. J.G. v. Board of Educ., Rochester City School District, 830 F.2d 444 (2d Cir.1987). See also, Roncker v. Walter, 700 F.2d 1058, 1063 (6th Cir.), cert. denied sub nom., Cincinnati City School District v. Roncker, 464 U.S. 864, 104 S.Ct. 196, 78 L.Ed.2d 171 (1983); Battle v. Commonwealth of Pennsylvania, 629 F.2d 269, 271-75 (3d Cir.1980). The Court of Appeals for the Second Circuit wrote: “There can be little dispute that claims of generalized violations [of the IDEA] ... lend themselves well to class action treatment.” J.G. v. Board of Education, 830 F.2d at 447.

a. Numerosity

The first requirement for class certification is that the class is so numerous that joinder of all of its members is impracticable. Plaintiffs assert that there are more than 10,000 children who meet the criteria for being disabled under the IDEA Furthermore, the class includes other individuals or organizations who have filed or will file complaints under the IDEA The class is also open-ended in that it includes individuals who may become eligible for benefits under the IDEA in the future. Finally, members of the class are dispersed throughout Vermont, a factor which Judge Cofirin found of “considerable importance” in ruling upon a class certification question in Ouellette v. International Paper Co., 86 F.R.D. 476, 479 (D.Vt.1980).

Defendants respond by claiming that the putative number of class members is highly inflated. They argue that the class consists of children or parents who file complaints under the IDEA and do not receive a response within the sixty day time limit proscribed by the regulations. According to Defendants, fifty-seven complaints have been filed since 1993 and only one has gone unanswered for more than sixty days without the consent of the complainants.

Plaintiffs’ complaint seeks to remedy systematic failures to adopt and implement procedures for consideration of these petitions. Assuming, arguendo, that the representations made by Defendants are accurate, the failure to comply with the requirements of the IDEA necessarily affect all children eligible for services under that statute, together with their parents, guardians and organizations representing their interests. Plaintiffs also dispute Defendants’ failure to correct instances of noneompliance with the IDEA, an allegation much broader than mere objections to delays in processing complaints. Therefore, the class includes more than those individuals whose complaints are delayed beyond the statutory or regulatory time period.

In view of these factors, joinder of the members of the class and the proposed sub[170]*170class is highly impracticable. Plaintiffs have satisfied the numerosity requirement.

b. Commonality

The second requirement in determining whether a class warrants certification is whether members of the proposed class share common questions of law and fact. To satisfy this commonality prerequisite to class certification, it is not necessary that plaintiffs establish that all questions of fact or law are common to all members of the class. Rather it is sufficient that the grievances of the proposed class implicate a shared question of law or fact. 3B James W. Moore et al, Moore’s Federal Practice, ¶ 23.06-1 (2d ed. 1995).

Plaintiffs complain of Defendants’ implementation of procedures mandated by the IDEA.

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Upper Valley Ass'n for Handicapped Citizens v. Mills, 168 F.R.D. 167, 1996 U.S. Dist. LEXIS 10974, 1996 WL 431831 (D. Vt. 1996).

168 F.R.D. 167 (Upper Valley Ass'n for Handicapped Citizens v. Mills) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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