J.S. v. The Westerly School District
Opinion
M.S. is a student who until recently was enrolled in the Westerly School District in Westerly, Rhode Island. M.S. suffers from Lyme Disease and other tick-borne illnesses, and she receives educational accommodations pursuant to Section 504 of the Rehabilitation Act of 1973. For over two years, her parents J.S. and T.S. unsuccessfully sought to have Westerly determine that M.S. was also eligible for an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA). M.S. and her parents have since moved out of the Westerly District, thereby mooting the dispute over M.S.'s entitlement to an IEP. In the course of the parties' dispute, however, the parents obtained an order from the district court forcing Westerly to forgo conducting its own evaluations and decide "post-haste" if M.S. was eligible for an IEP. Although that decision resulted in a determination that M.S. was not eligible, the district court subsequently awarded the parents attorneys' fees as the prevailing parties. Westerly now appeals both the district court's order compelling it to determine eligibility without first obtaining its own evaluations and the fee award. For the following reasons, we find the challenge to the order moot and the attorneys' fee award mistaken.
I.
A.
We begin with a basic description of the IDEA's framework for determining a student's
*7
eligibility for an IEP and the procedure for adjudicating a dispute over eligibility. The purposes of the IDEA include "ensur[ing] that all children with disabilities have available to them a free appropriate public education" and "ensur[ing] that the rights of children with disabilities and parents of such children are protected."
Under the IDEA and its implementing regulations, parents may request an initial evaluation "to determine if the[ir] child is a child with a disability."
When the LEA decides that it needs additional data, the LEA must obtain parental consent before conducting its own evaluations of the child.
See
Parents who contest the identification, evaluation, or educational placement of a child with a disability can file a "due process complaint," which kicks off a state administrative process for adjudicating the dispute.
See
B.
We now sketch the relevant facts of this case. In the fall of 2015, J.S. and T.S. ("the *8 parents") requested that Westerly determine that M.S. was eligible for special educational services under the IDEA. The school and the parents agreed to a meeting to be held on December 17, 2015. The parties had different expectations about the meeting. In a December 9 form sent to the parents, the school indicated that the purpose of the meeting was to "address a referral to the Evaluation Team." The parents replied that they expected the meeting to include not only a referral discussion, but also an eligibility determination, as there was "enough objective information for the team to consider and make a decision."
At the meeting, the parents brought with them two educational advocates and a neuropsychologist. M.S.'s personal physician and her audiologist phoned in. The medical professionals presented the results of their evaluations of M.S. and their recommendations for special educational services, and the parents provided the school with copies of the evaluations. Soon after the meeting, school officials wrote to the parents that, after considering the independent evaluators' opinions, "there remained significant questions," in part because "the results of the evaluations conducted [by the parents' experts] did not in many ways reflect what school staff who know [M.S.] have or are experiencing with her." Consistent with its obligations under the IDEA, Westerly undertook to "conduct evaluations to answer these questions and assist with the eligibility determination." Westerly therefore requested the parents' consent to conduct five educational evaluations and observation by the school social worker.
Rather than consent to the school's proposed evaluations, the parents filed a due process complaint with the Rhode Island Department of Education in February 2016, alleging that Westerly failed to identify M.S. as a child with a disability who was entitled to special educational services. In April 2016, the administrative hearing officer assigned to the case relied on the regulations discussed above to conclude that the district had a right to conduct its own evaluations before making an eligibility determination. The hearing officer consequently ordered the parents to "execute all releases necessary for school department to conduct appropriate evaluations of M.S." The parents did not provide consent, and in August 2016, the hearing officer dismissed the due process complaint based on the parents' failure to comply with its order. The parents appealed to the District Court of Rhode Island.
Following a March 17, 2017 hearing on cross motions for summary judgment, the district court eventually commanded Westerly to determine M.S.'s eligibility based on the existing information (without first conducting its own evaluations). While appealing, Westerly also complied with the district court's order by making an eligibility determination. M.S.'s teachers participated and described M.S.'s above-average academic performance. Unsurprisingly, Westerly's conclusion tracked what it told the parents when requesting the further evaluations that the parents had refused to permit: The evaluations provided by the parents were inconsistent with M.S.'s performance in the classroom. Therefore, Westerly concluded that M.S. was ineligible for special educational services. The family then moved out of the school district before any tribunal took any further action on the merits of the case.
In spite of the outcome of the eligibility determination, the district court subsequently found that the parents were "prevailing parties" under the IDEA, and granted their motion for $53,290.50 in attorneys' fees. Westerly appealed the attorneys'
*9 fees order to this court. We consolidated that appeal with Westerly's prior appeal.
II.
A.
Before assessing the district court's order that Westerly make an eligibility determination without first conducting its own evaluations, we must ask whether this issue remains justiciable. "A case that becomes moot at any point during the proceedings is 'no longer a "Case" or "Controversy" for purposes of Article III,' and is outside the jurisdiction of the federal courts."
United States
v.
Sanchez-Gomez
, --- U.S. ----,
Westerly appeals the order requiring it to make an eligibility determination without the benefit of its own evaluations. A favorable ruling from this court could provide no relief from that order because the eligibility determination already took place. Moreover, if there was any doubt that this issue is moot, such doubt disappeared at oral argument when we learned that M.S. no longer lives in the Westerly School District. We therefore lack the power to review the district court's order that Westerly determine M.S.'s eligibility without first conducting its own evaluations.
B.
Barred from ruling on Westerly's appeal on the merits of the case, we turn now to the dispute over attorneys' fees. The IDEA permits a court to award reasonable attorneys' fees to the prevailing party who is a parent of a child with a disability.
See
We note at the outset that, although the substantive question underlying the fee award is moot for the reasons discussed above, the fee-shifting issue is not. "When plaintiffs clearly succeeded in obtaining the relief sought before the district court and an intervening event rendered the case moot on appeal, plaintiffs are still 'prevailing parties' for the purposes of attorney's fees for the district court litigation."
Diffenderfer
v.
Gomez-Colon
,
*10
Westerly urges us to reverse the attorneys' fee award because the ruling underlying it was based upon an erroneous interpretation of the IDEA. It is true that, ordinarily, when the decision underlying a fee award is reversed, the formerly prevailing party is no longer entitled to attorneys' fees.
See, e.g.
,
Globe Newspaper Co.
v.
Beacon Hill Architectural Comm'n
,
To be a "prevailing party" under a federal fee-shifting statute, a litigant must show both a "material alteration of the legal relationship of the parties" and a "judicial
imprimatur
on the change."
Buckhannon Bd. & Care Home, Inc.
v.
W. Va. Dep't of Health & Human Res.
,
With that standard in mind, we consider what benefits the parents sought in bringing suit. In the due process complaint, the parents requested that the hearing officer "[c]onclude forthwith that M.S. is eligible for an Individual Education Plan and protections under the Individual [sic] with Disabilities in Education Act as a child with a disability requiring specialized instruction and related services." Similarly, in their complaint to the district court -- setting aside the prayers for fees and general prayers for unspecified relief 2 -- the parents sought the following relief:
*11 • "Preliminary and permanent injunctions directing Defendant to designate that the Defendant's actions denied the Student a free appropriate education under20 U.S.C. § 1400 et seq ."
• A declaration "[t]hat the child is a child with an educational disability eligible for specialized instruction under20 U.S.C. § 1400 et seq ."
• "Remand to Defendant in order to develop an Individual Education Plan based on the evaluations completed to date; or alternatively, require WPS to an [sic] convene an IEP team meeting to design an appropriate IEP for the student based on the evaluations submitted by Plaintiffs."
• "A determination that Defendant's denial of the Plaintiffs' procedural due process rights were not substantially justified in law and had no reasonable basis in law or in fact."
The district court's order garnered none of this relief. What it did, instead, was to grant a request that the parents raised for the first time in their summary judgment briefing for "an expedited hearing on the merits [of their request for an IEP] that will be based on the current available evidence." So, we ask whether this grant was a victory in the context of "the benefit [the parents] sought in bringing suit."
Hensley
,
III.
For the reasons above, we dismiss as moot the challenge to the district court's order compelling Westerly to determine M.S.'s eligibility without first obtaining its own evaluations, and we reverse the district court's award of attorneys' fees. The parties shall bear their own costs.
We generally interpret the term of art "prevailing party" consistently across the federal fee-shifting statutes that use that phrase.
See
Me. Sch. Admin. Dist. No. 35
v.
Mr. R.
,
In addition to their case-specific prayers for relief, the parents prayed for "[a]n award of any other damages or relief available under applicable law" and "[s]uch other and further relief as this Court deems just and proper."
There is no dispute that the school's proposed evaluations were relevant to the question of whether M.S. was eligible for an IEP. We take no position on whether a parent or guardian may successfully avoid plainly irrelevant evaluations, and if so, whether such parties might be considered "prevailing" under the IDEA's fee-shifting provision.
Reference
- Full Case Name
- J.S., Individually and as Parent and Legal Guardian of M.S., a Minor; T.S., Individually and as Parent and Legal Guardian of M.S., a Minor, Plaintiffs, Appellees, v. the WESTERLY SCHOOL DISTRICT; The Westerly Public Schools, Defendants, Appellants, the State of Rhode Island Department of Education, Defendant.
- Cited By
- 15 cases
- Status
- Published