Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

This case involves a student named J.M. A psychologist diagnosed J.M. with autism spectrum disorder. Based in part on that diagnosis, J.M.’s mother—Plaintiff—asked the local school district to evaluate J.M. for an IEP. Plaintiff disagreed with the IEP team’s conclusion and asked the school district to pay for additional evaluations in five areas it had considered before (adaptive behavior, educational, speech-language, occupational therapy, and autism). Without waiting for another decision from the IEP team, Plaintiff launched the administrative review process by petitioning for a contested case hearing. Plaintiff’s initial filing alleged seven violations of the IDEA. Plaintiff then filed a complaint in federal district court, seeking seven forms of relief.   The Fourth Circuit denied the school district’s motion to dismiss this appeal for lack of subject matter jurisdiction. However, the court saw no basis for disturbing the district court’s grant of summary judgment for the school district. The court explained that beyond making a bare allegation that the ALJ issued an incompetent decision, Plaintiff does not explain how any of the alleged procedural defects she identified corrupted any administrative findings. The court also rejected Plaintiff’s claim that the IEP team acted wrongfully in failing to follow the recommendations of private evaluators in determining J.M.’s eligibility for an IEP. The IDEA does not require school districts to defer to the opinions of private evaluations procured by a parent. To the contrary, the IDEA instructs school districts to rely on diverse tools and information sources in making an eligibility assessment. View "Cheri Miller v. Charlotte-Mecklenburg Schools" on Justia Law

Plaintiff filed a petition asserting that Charlotte-Mecklenburg Schools (CMS) failed to provide her daughter, A.C., with a free appropriate public education in violation of the Individuals with Disabilities Education Act (IDEA). An administrative law judge (ALJ) ruled for Plaintiff on two of the seven issues she had raised but against her on all others. Plaintiff sought review contending that the ALJ had improperly delegated the remedy for the two issues and erred in deciding the rest. Plaintiff further argued that the ALJ’s adverse findings were not entitled to deference. The district court granted summary judgment to CMS.   The Fourth Circuit affirmed. The court explained that based on the extensive process Plaintiff received in the handling of her case, as well as the detail provided in the ALJ’s written decision, the court concluded that the ALJ’s findings were regularly made. The court further held that the district court was correct to accord those findings deference and to determine that Plaintiff failed to prevail by a preponderance of the evidence on the five issues she disputes. While the deference in these cases is owed the ALJ, it is not remiss to point out that the district court likewise proceeded with its own thorough review in a lengthy opinion. Plaintiff does not persuasively challenge the court’s decision on appeal. Further, the court wrote, it discerns no abuse of remedial discretion on the part of the district court in allowing the respondent to fashion “benchmark(s) and criteria” in A.C.’s IEP indicating when she may move on from Metro School. View "Hind Bouabid v. Charlotte-Mecklenburg Schools Board of Education" on Justia Law

Plaintiff, the mother of a minor child with special needs, brings this action for attorney’s fees under the Individuals with Disabilities Education Act (“IDEA”). The IDEA allows parents who prevail in state administrative proceedings challenging their children’s individualized education programs to recover attorney’s fees in federal court. But Plaintiff did not file her claim for fees until almost two years after her administrative hearing, and the district court dismissed her case as untimely. The district court concluded that a standalone fees action like Plaintiff’s is most comparable to an IDEA claim for substantive judicial review of an adverse administrative determination. And because Virginia, where Plaintiff lives, sets a 180-day limitations period for such substantive IDEA claims, the court deemed her claim time-barred.   The Fourth Circuit affirmed. The court explained that the IDEA contains no express statute of limitations for attorney’s fees actions, so courts must “borrow” an appropriate limitations period from state law. The court wrote that Va. Code Section 22.1-214(D), by allowing parties 180 days to seek substantive judicial review of IDEA due process hearings, provides an appropriate – even generous – analog to attorney’s fees actions under 20 U.S.C. Section 1415(i)(3)(B). The court also agreed with the district court that his 180-day limitations period does not begin to run until after the aggrieved party’s time to seek substantive review has expired, meaning that a party has 360 days from the date of the administrative decision to commence a fees action. View "Jemie Sanchez v. Arlington County School Board" on Justia Law

After East Carolina University (“ECU”) dismissed Plaintiff from its School of Social Work’s Master’s Degree program, Neal sued the university alleging that its decision discriminated against her in violation of the Americans with Disabilities Act (“ADA”). The district court disagreed and granted summary judgment to ECU based on its conclusion that Plaintiff failed to come forward with evidence creating a genuine issue of material fact to support two elements of a prima facie case of discrimination. It determined that the record did not show that (1) she was “otherwise qualified to participate in ECU’s” program or (2) ECU dismissed her “on the basis of” her disability. Plaintiff challenged both grounds on appeal.   The Fourth Circuit affirmed. The court explained that for purposes of assessing ADA compliance, universities have a responsibility to the entire academic community and to the public to ensure that a student is qualified to meet the lawful requirements of their program, especially where, as here, conferral of a degree is a prerequisite to state licensure requirements. ECU properly exercised its discretion in that regard and assisted Plaintiff during her enrollment in the MSW Program. It gave her a second chance with the out-of-order readmission in the Spring 2014 semester. She received a third chance in the Fall 2014 semester following the A&R Committee proceeding. And MSW Program faculty gave her a fourth chance as they tried to work with her thereafter. Now, Plaintiff wants to force ECU to provide a fifth chance. The ADA contains no such requirement given an absence of evidence supporting her claim of discriminatory dismissal. View "Olivia Neal v. East Carolina University" on Justia Law

Plaintiff was transferred from a class where she instructed emotionally disturbed (“ED”) children to a class where Plaintiff worked with children with moderate intellectual disabilities. Plaintiff alleged that one of her students sexually harassed her between fall 2018 through mid-March 2019. This student, S.M., was an eight-year-old boy diagnosed with Down’s Syndrome and Attention Deficit Hyperactivity Disorder (“ADHD”). Although the teacher in the classroom recorded the incidents in her notes, or “point sheets,” where she detailed each student’s daily behavior, Plaintiff claims the teacher was generally dismissive of her concerns. After exhausting her remedies with the United States Equal Employment Opportunity Commission, Plaintiff filed suit against the Chesterfield County School Board (“the School Board”) alleging that she was subjected to a sexually hostile work environment in violation of Title VII.   The district court granted the School Board’s motion for summary judgment. At issue on appeal is whether the district court erred in dismissing Plaintiff’s hostile work environment claim on summary judgment. The Fourth Circuit affirmed, finding that the record does not support a prima facie case for hostile work environment sexual harassment. The court explained that Plaintiff cannot primarily rely upon her own statements to argue that S.M.’s conduct surpassed what could be expected of an eight-year-old child with his disabilities after two special education experts testified that it did not—instead, she is required by law to demonstrate it. Further, even if Plaintiff established that S.M. targeted her because of sex, she would still be unable to meet the third required element—that is, show that S.M.’s conduct rose to the level of severe or pervasive. View "Regina Webster v. Chesterfield County School Board" on Justia Law

Charter Day School (“CDS”) a public charter school in North Carolina, requires female students to wear skirts to school based on the view that girls are “fragile vessels” deserving of “gentle” treatment by boys. Plaintiffs argued that this sex-based classification grounded on gender stereotypes violates the Equal Protection Clause of the Fourteenth Amendment, and subjects them to discrimination and denial of the full benefits of their education in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. Section 1681 et seq. (“Title IX”).  In response, despite CDS’ status as a public school under North Carolina law, CDS denied accountability under the Equal Protection Clause by maintaining that they are not state actors.   The Fourth Circuit affirmed the district court’s entry of summary judgment for Plaintiffs on their Equal Protection claim against CDS. The court also vacated the district court’s summary judgment award in favor of all Defendants on Plaintiffs’ Title IX claim and remanded for further proceedings on that claim.   The court held that CDS is a state actor for purposes of Section 1983 and the Equal Protection Clause. By implementing the skirts requirement based on blatant gender stereotypes about the “proper place” for girls and women in society, CDS has acted in clear violation of the Equal Protection Clause. The court further held that sex-based dress codes like the skirts requirement, when imposed by covered entities, are subject to review under the anti-discrimination provisions of Title IX. View "Bonnie Peltier v. Charter Day School, Inc." on Justia Law

Plaintiff filed suit under 42 U.S.C. 1983, alleging that his public high school suspended him in violation of the First, Fifth, and Fourteenth Amendments. Plaintiff's claims stemmed from the actions taken against him by school personnel after he engaged in a conversation with his classmates about the shooting at Marjory Stoneman Douglas Highschool. The district court held that plaintiff's suit was barred under Monell v. Department of Social Services, 436 U.S. 658 (1978), and dismissed the complaint for failure to state a claim on which relief could be granted.The Fourth Circuit concluded that the school board acted as the final policymaking authority in approving plaintiff's suspension, and thus Monell does not bar the suit. Furthermore, plaintiff's complaint plausibly alleges a First Amendment claim where the First Amendment does not permit schools to prohibit students from engaging in the factual, nonthreatening speech alleged here. In this case, plaintiff engaged in a factual conversation with his peers about a current event that is uniquely salient to the lives of American teenagers, a school shooting. The court stated that schools cannot silence such student speech on the basis that it communicates controversial or upsetting ideas. To do so would be incompatible with the very purpose of public education. However, the court concluded that the district court properly held that the complaint alleges no plausible Fifth or Fourteenth Amendment claim. Accordingly, the court reversed in part and affirmed in part. View "Starbuck v. Williamsburg James City County School Board" on Justia Law

Plaintiff filed suit under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981, alleging that the school board discriminated against him on the basis of race in refusing to hire another teacher in the drama department to assist him with tech work in connection with his staging of student performances or, alternatively, in refusing to provide him with additional compensation for the tech work that he performs. Plaintiff also alleged that the school board discriminated against him on the basis of race when compensating him for his "extra-duty" work in connection with other events at the high school.The Fourth Circuit concluded that plaintiff failed to allege plausibly that the school board's failure to pay him a Theater Technical Director Supplement constituted race-based employment discrimination. While the court agreed that it was error for the district court to consult the School of the Arts' website in determining whether the complaint properly alleged that the School of the Arts was an appropriate comparator, the court concluded that the error was harmless. The court also concluded that no reasonable jury could have returned a verdict for plaintiff on his discrimination claim based on the denial of assistance. Finally, the court agreed with the district court that plaintiff did not provide a valid comparator for purposes of supporting this racial discrimination claim. Accordingly, the court affirmed the district court's dismissal of a portion of the complaint for failing to state a claim. In regard to the remaining claims, the court granted the school board's motion for summary judgment based on plaintiff's failure to present sufficient evidence to support his claims. View "Tabb v. Board of Education of the Durham Public Schools" on Justia Law

Nine parents of students with disabilities who attend South Carolina public schools and two disability advocacy organizations filed suit challenging a South Carolina provision in the South Carolina state budget that prohibits school districts from using appropriated funds to impose mask mandates. The district court granted a preliminary injunction enjoining the law's enforcement.The Fourth Circuit concluded that the parents and the disability advocacy organizations lack standing to sue the governor and the attorney general, and thus vacated the district court's order granting the preliminary injunction as to those defendants. In this case, although plaintiffs have alleged a nexus between their claimed injuries and the Proviso, they have not established that such injuries are fairly traceable to defendants' conduct or would be redressed by a favorable ruling against defendants. Accordingly, the court remanded with instructions to dismiss defendants from this case. View "Disability Rights South Carolina v. McMaster" on Justia Law

The Fourth Circuit affirmed the district court's dismissal of an action brought by plaintiff, alleging that the school district had violated her daughters' rights under the Individuals with Disabilities Education Act (IDEA). The court held that plaintiff's withdrawal of the children from the school district system rendered moot her request for prospective relief. Furthermore, because the district court proceedings under the IDEA are original civil actions, the court held that plaintiff's failure to specify in her complaint that she was seeking compensatory education for her children, or to include allegations from which a request for compensatory education reasonably could be inferred, precludes her present assertion of a live controversy in the district court. View "Johnson v. Charlotte-Mecklenburg Schools Board of Education" on Justia Law