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M.B. ex rel. L.C. v. Minisink Valley Central School District

SUMMARY ORDER

Plaintiffs-Appellants (hereinafter “Plaintiffs”) appeal the October 13, 2010 judgment of the district court (Gwin, J.) denying tuition reimbursement for the 2007-2008 school year under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. The district court’s decision affirmed the decision of the State Review Officer (“SRO”), which had reversed the decision of the Impartial Hearing Officer (“IHO”). We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

“If a state fails in its obligation to provide a free appropriate public education to a handicapped child, the parents may enroll the child in a private school and seek retroactive reimbursement for the cost of the private school from the state.” Frank G. v. Bd. of Educ. of Hyde Park, 459 F.Bd 356, 363 (2d Cir.2006). To determine whether reimbursement is warranted, the Supreme Court has established the three-pronged Burlington/Carter test, which first asks “(1) was the IEP [individualized education program] proposed by the school district inappropriate; [and] (2) was the private placement appropriate to the child’s needs[;]” and then looks to (3) “equitable considerations relating to the reasonableness of the action taken by the parents.” Id. at 363-64 (internal quotation marks and brackets omitted); see also Florence Cnty. Sch. Dist. Four v. Carter ex rel. Carter, 510 U.S. 7, 12-13, 114 S.Ct. 361, 126 L.Ed.2d 284 (1993); Sch. Comm. of Burlington v. Dep’t of Educ., 471 U.S. 359, 370, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985). “[T]he IDEA mandates that states provide ‘impartial due process hearings’” under which parties may pursue their claims. R.E. v. N.Y.C. Dep’t of Educ., 694 F.3d 167, 175 (2d Cir.2012). In New York, parties first bring their claims before an IHO, who is subject to review by the SRO. Id. “Either party may then bring a civil action in state or federal court to review the SRO’s decision.” Id.

When reviewing state education decisions under the IDEA, federal courts “must give due weight to the state proceedings, mindful that we lack the specialized knowledge and experience necessary to resolve questions of educational policy.” Id. at 189 (internal quotation marks and alterations omitted). “[T]he district court’s [review of state proceedings] will hinge on the kinds of considerations that normally determine whether any particular judgment is persuasive, for example whether the decision being reviewed is well-reasoned, and whether it was based on substantially greater familiarity with the evidence and the witnesses than the reviewing court.” M.H. v. N.Y.C. Dep’t of Educ., 685 F.3d 217, 244 (2d Cir.2012). When the IHO and SRO decisions conflict, the district court defers to the SRO’s decision as the “final decision of the state authorities.” R.E., 694 F.3d at 189 (internal quotation marks omitted). “[T]he district court should afford more deference when its review is based entirely on the same evidence as that before the SRO than when the district court has before it additional evidence that was not considered by the state agency.” M.H., 685 F.3d at 244. Keeping in mind this “circumscribed” role, the district court “engage[s] in an independent review of the administrative record and make[s] a determination based on a preponderance of the evidence.” Gagliardo v. Arlington Cent. Sch. *78 Dist., 489 F.3d 105, 112 (2d Cir.2007) (internal quotation marks omitted). We review the district court de novo. Id.

The sole issue in this case is whether, under the second prong of Burlington/Carter, M.B.’s placement of L.C. at the Family Foundation School (“FFS”) was appropriate. Plaintiffs “bear the burden of establishing the appropriateness of their private placement.” R.E., 694 F.3d at 185. The appropriateness of a placement turns on whether it “is reasonably calculated to enable the child to receive educational benefits.” Frank G., 459 F.3d at 364 (internal quotation marks omitted). In making this determination, courts look to the “totality of the circumstances” and “[n]o one factor is necessarily dispositive.” Id. A “unilateral private placement is only appropriate if it provides education instruction specifically designed to meet the unique needs of a handicapped child.” Gagliardo, 489 F.3d at 115 (internal quotation marks omitted).

Here, Plaintiffs argue that the district court applied an incorrect legal standard in assessing the appropriateness of L.C’s placement. We cannot agree. L.C. suffered from severe emotional and behavioral problems and difficulties with organizational skills, executive functioning, and fine motor skills. Reviewing the child’s placement in FFS, the SRO found the school to be an inappropriate placement because, based on the hearing record, the school failed to develop an individualized academic program; because it failed to provide specific support to address L.C.’s difficulties with organizational skills, executive functioning, and fine motor skills; and because its behavioral program, which involved sanctions and time-outs, was inappropriate. These determinations are exactly the types of “[djecisions involving a dispute over an appropriate educational methodology” that we have held should be afforded more deference by reviewing courts. M.H., 685 F.3d at 244. The SRO also found that, while FFS did offer L.C. counseling sessions, Plaintiffs failed to provide sufficient evidence to determine whether the sessions were appropriate to meet the student’s needs. This finding is supported by the record. The district court, in reiterating those findings, did not apply an incorrect legal standard. Rather, it properly gave due weight to the opinion of the SRO.

Plaintiffs also argue that the district court did not appropriately take into account L.C.’s progress at FFS. Here, the district court had the benefit of additional evidence not considered by the SRO, in the form of L.C.’s final report card and evidence of progress in individual, group, and family counseling. We have held that less deference is required by the district court when it “has before it additional evidence that was not considered by the state agency” and when considering “determinations concerning whether there have been objective indications of progress.” Id. However, while both the hearing record and additional evidence show that L.C. made some academic and behavioral progress while at FFS, we have held “such progress does not itself demonstrate that a private placement was appropriate.” Gagliardo, 489 F.3d at 115. In light of the “totality of the circumstances,” Frank G., 459 F.3d at 364, the district court properly found that Plaintiffs did not meet their burden of showing by the preponderance of the evidence that FFS was an appropriate placement.

We have considered all of Plaintiffs’ remaining arguments and find them to be without merit. Accordingly, the judgment of the district court is AFFIRMED.

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York City Department of Education, Impartial Hearing Decision (No. 540518-197194-20220119)·Jan 19, 2022IHO Case No. 548355-204816-20220114·New York City Department of Education, Impartial Hearing Decision (No. 548355-204816-20220114)·Jan 14, 2022IHO Case No. 548359-204820-20220107·New York City Department of Education, Impartial Hearing Decision (No. 548359-204820-20220107)·Jan 7, 2022IHO Case No. 547035-203564-20220103·New York City Department of Education, Impartial Hearing Decision (No. 547035-203564-20220103)·Jan 3, 2022IHO Case No. 521740-20210813·Great Neck Union Free School District, Impartial Hearing Decision (No. 521740)·Aug 13, 2021Appeal No. 21-077·Application of a Student with a Disability (Appeal No. 21-077)·May 20, 2021Appeal No. 20-195·Application of a Student with a Disability (Appeal No. 20-195)·Jan 4, 2021IHO Case No. 536828·New York City Department of Education, Impartial Hearing Decision (No. 536828)·Dec 14, 2020IHO Case No. 526872·New York City Department of Education, Impartial Hearing Decision (No. 526872)·Oct 19, 2020Appeal No. 20-070·Application of a Student with a Disability (Appeal No. 20-070)·May 19, 2020Appeal No. 20-147·Application of the New York City Department of Education (Appeal No. 20-147)·May 14, 2020IHO Case No. 528204·New York City Department of Education, Impartial Hearing Decision (No. 528204)·May 12, 2020Appeal No. 20-131·Application of the New York City Department of Education (Appeal No. 20-131)·Apr 24, 2020Appeal No. 20-183·Application of the Board of Education of the Hewlett-Woodmere Union Free School District (Appeal No. 20-183)·Jan 18, 2020IHO Case No. 519498·New York City Department of Education, Impartial Hearing Decision (No. 519498)·Jan 14, 2020Appeal No. 19-047·Application of a Student with a Disability (Appeal No. 19-047)·Apr 22, 2019IHO Case No. 509295-170513-20190318-sub·New York City Department of Education, Impartial Hearing Decision (No. 509295-170513-20190318-sub)·Apr 12, 2019Appeal No. 19-035·Application of a Student with a Disability (Appeal No. 19-035)·Mar 28, 2019IHO Case No. 509295·New York City Department of Education, Impartial Hearing Decision (No. 509295)·Mar 18, 2019Appeal No. 18-087·Application of a Student with a Disability (Appeal No. 18-087)·Jan 23, 2019Appeal No. 18-079·Application of a Student with a Disability (Appeal No. 18-079)·Nov 27, 2018Appeal No. 18-118·Application of the Board of Education of the New Hyde Park-Garden City Park Union Free School District (Appeal No. 18-118)·Nov 17, 2018Appeal No. 18-125·Application of the New York City Department of Education (Appeal No. 18-125)·Sep 20, 2018Appeal No. 19-011·Application of a Student with a Disability (Appeal No. 19-011)·May 21, 2018Appeal No. 18-049·Application of a Student with a Disability (Appeal No. 18-049)·May 14, 2018Appeal No. 17-024·Application of the Board of Education of the Taconic Hills Central School District (Appeal No. 17-024)·Apr 18, 2018Appeal No. 18-117·Application of the Board of Education of the Wappingers Central School District (Appeal No. 18-117)·Apr 11, 2018Appeal No. 18-001·Application of the Board of Education of the Williamsville Central School District (Appeal No. 18-001)·Nov 24, 2017Appeal No. 18-062·Application of the Board of Education of the Syosset Central School District (Appeal No. 18-062)·Sep 29, 2017Appeal No. 17-094·Application of a Student with a Disability (Appeal No. 17-094)·Sep 18, 2017Appeal No. 17-095·Application of a Student with a Disability (Appeal No. 17-095)·Sep 18, 2017Appeal No. 17-069·Application of a Board of Education of the Scarsdale Union Free School District (Appeal No. 17-069)·Jul 16, 2017Appeal No. 17-078·Application of the Board of Education of the Hewlett-Woodmere Union Free School District (Appeal No. 17-078)·Jul 10, 2017Appeal No. 17-065·Application of the Board of Education of the Katonah-Lewisboro Union Free School District (Appeal No. 17-065)·Jun 29, 2017Appeal No. 17-043·Application of a Student with a Disability (Appeal No. 17-043)·Apr 23, 2017Appeal No. 17-028·Application of the Board of Education of the Northport-East Northport Union Free School District (Appeal No. 17-028)·Feb 21, 2017Appeal No. 16-080·Application of the Board of Education of the Mamaroneck Union Free School District (Appeal No. 16-080)·2017Appeal No. 15-116·Application of the Board of Education of the West Genesee Central School District (Appeal No. 15-116)·Nov 9, 2015Appeal No. 15-103·Application of the Board of Education of the Saugerties Central School District (Appeal No. 15-103)·Sep 29, 2015Appeal No. 13-070·Application of the New York City Department of Education (Appeal No. 13-070)·Nov 26, 2014Appeal No. 15-001·Application of a Student with a Disability (Appeal No. 15-001)·Nov 24, 2014Appeal No. 13-133·Application of a Student with a Disability (Appeal No. 13-133)·Sep 5, 2014Appeal No. 14-129·Application of a Student with a Disability (Appeal No. 14-129)·Jul 7, 2014Appeal No. 14-112·Application of the New York City Department of Education (Appeal No. 14-112)·Jun 20, 2014Appeal No. 12-222·Application of a Student with a Disability (Appeal No. 12-222)·Jun 18, 2014Appeal No. 13-111·Application of a Student with a Disability (Appeal No. 13-111)·Jun 16, 2014Appeal No. 12-128·Application of the New York City Department of Education (Appeal No. 12-128)·May 27, 2014Appeal No. 14-079·Application of the New York City Department of Education (Appeal No. 14-079)·Apr 30, 2014Appeal No. 14-075·Application of a Student with a Disability (Appeal No. 14-075)·Apr 22, 2014Appeal No. 14-033·Application of a Student with a Disability (Appeal No. 14-033)·Jan 27, 2014Appeal No. 14-121·Application of the New York City Department of Education (Appeal No. 14-121)·Jul 2, 2013Appeal No. 13-060·Application of a Student with a Disability (Appeal No. 13-060)·Jun 24, 2013Appeal No. 12-190·Application of a Student with a Disability (Appeal No. 12-190)·May 21, 2013Appeal No. 13-084·Application of the New York City Department of Education (Appeal No. 13-084)·May 21, 2013Appeal No. 13-107·Application of a Student with a Disability (Appeal No. 13-107)·May 10, 2013Appeal No. 13-082·Application of the New York City Department of Education (Appeal No. 13-082)·Apr 8, 2013Appeal No. 13-054·Application of a Student with a Disability (Appeal No. 13-054)·Feb 26, 2013Appeal No. 13-086·Application of the New York City Department of Education (Appeal No. 13-086)·Sep 4, 2012Appeal No. 12-192·Application of the New York City Department of Education (Appeal No. 12-192)·Aug 28, 2012Appeal No. 13-068·Application of the New York City Department of Education (Appeal No. 13-068)·Aug 9, 2012Appeal No. 14-028·Application of a Student with a Disability (Appeal No. 14-028)·Mar 28, 2011Appeal No. 14-162·Application of a Student with a Disability (Appeal No. 14-162)·Jun 30, 2009Appeal No. 13-072·Application of the New York City Department of Education (Appeal No. 13-072)·Mar 31, 2009
523 F. App'x 76: M.B. ex rel. L.C.... | Special Education Law