Case: Dracut School Committee v. Massachusetts Department of Elementary and Secondary Education

1:09-cv-10966 | U.S. District Court for the District of Massachusetts

Filed Date: June 8, 2009

Closed Date: April 27, 2011

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Case Summary

Plaintiff Dracut School Committee (“Dracut”) sought judicial review of two decisions of the Massachusetts Department of Elementary and Secondary Education’s (“DESE’s”) Bureau of Special Education Appeals (“BSEA”) pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1482. In the Initial Decision, issued on March 13, 2009, a BSEA Hearing Officer found that Dracut had failed to provide the student, C.A., who suffers from Asperger’s Syndrome, Attention Deficit Hyperactivity Disorder, Bipolar Disorder, and an anxiety disorder, with a free and appropriate education (“FAPE”) because it gave inadequate transition services while he was in high school. The Hearing Officer ordered Dracut to award C.A. his diploma and extended his statutory eligibility for two years after graduation so that Dracut could provide him compensatory services during that time. In the second Compliance Decision, issued on July 14, 2009, the Hearing Officer determined that Dracut had failed to comply with his initial order, which had required the school to hire and compensate two of C.A.’s experts as consultants because Dracut offered unreasonable rates of pay.

The Court reversed the order to the extent it requires Dracut to hire defendants’ consultants or their designees. However, it did not reverse the order to the extent it requires the school district to hire independent consultants with sufficient expertise at a reasonable rate of pay. The Hearing Officer concluded properly that state law does not require Dracut to provide outside consultants who provide services other than assessments with compensation at $32.15 an hour. Dracut offered no argument, and the record yielded no facts undermining his conclusion that $125 per hour is a reasonable rate. Parents moved for attorneys’ fees. The case was closed by the court on April 27, 2011.

	Document
1-3 1:09-cv-10966	Complaint for Judicial Review of Final Decision of State Administrative Agency	June 8, 2009	June 8, 2009 Complaint
1-2 1:09-cv-10966	Decision	June 8, 2009	June 8, 2009 Order/Opinion
15-5 1:09-cv-10966	Answer and Counterclaim of Defendants P.A. and C.A. Dracut School Committee v. Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education	July 6, 2009	July 6, 2009 Pleading / Motion / Brief
23 1:09-cv-10966	Amended Complaint for Judicial Review of Final Decision of State Administrative Agency Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.	July 29, 2009	July 29, 2009 Complaint
130 1:09-cv-10966	Final Judgement Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.	Sept. 3, 2010	Sept. 3, 2010 Order/Opinion
129 1:09-cv-10966	Memorandum and Order Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.	Sept. 3, 2010	Sept. 3, 2010 Order/Opinion
131 1:09-cv-10966	P.A. and C.A.'s Petition for Attorneys' Fees and Costs and Motion to Discontinue Stay and Consolidate Cases Dracut School Committee v. Bureau of Speal Educ. Appeals of the Massachusetts Dept. of Elementary and Secondary Educ.	Sept. 17, 2010	Sept. 17, 2010 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education, P.A., C.A., filed by Dracut School Committee. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheets)(Abaid, Kimberly) (Additional attachment(s) added on 8/10/2009: # 3 Redacted Complaint) (Patch, Christine). Modified on 8/10/2009 to restrict access to personal identifiers (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 06/08/2009) 1 Exhibit 1 View on RECAP 2 Exhibit 1 View on PACER 3 Redacted Complaint View on Clearinghouse	June 8, 2009	June 8, 2009 PACER
2	General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Abaid, Kimberly) (Entered: 06/08/2009)	June 8, 2009	June 8, 2009 PACER
3	Summons Issued as to Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education, P.A., C.A. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) Modified on 8/11/2009 (Patch, Christine). (Entered: 06/08/2009)	June 8, 2009	June 8, 2009 PACER
	Filing fee/payment: $ 350.00, receipt number BST011043 for 1 Complaint, (Russo, Patricia)	June 8, 2009	June 8, 2009 PACER
	ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Bowler. (Abaid, Kimberly)	June 8, 2009	June 8, 2009 PACER
4	SUMMONS Returned Executed Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Entered: 06/24/2009)	June 24, 2009	June 24, 2009 PACER
5	SUMMONS Returned Executed Massachusetts Department of Elementary and Secondary Education served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Entered: 06/24/2009)	June 24, 2009	June 24, 2009 PACER
6	SUMMONS Returned Executed C.A. served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Additional attachment(s) added on 8/10/2009: # 1 Redacted Summons) (Patch, Christine). Modified on 8/10/2009 to restrict access to personal identifiers (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 06/24/2009)	June 24, 2009	June 24, 2009 PACER
7	SUMMONS Returned Executed P.A served on 6/17/2009, answer due 7/7/2009. (Rogers, Amy) (Additional attachment(s) added on 8/10/2009: # 1 Redacted Summons) (Patch, Christine). Modified on 8/10/2009 to restrict access to personal identifiers (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 06/24/2009)	June 24, 2009	June 24, 2009 PACER
8	Assented to MOTION for Extension of Time to July 31, 2009 to File Answer by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 06/29/2009)	June 29, 2009	June 29, 2009 PACER
9	NOTICE of Appearance by Christine A. Baily on behalf of Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education (Baily, Christine) (Entered: 06/29/2009)	June 29, 2009	June 29, 2009 PACER
	Judge Patti B. Saris: Electronic ORDER entered granting 8 Assented to MOTION for Extension of Time to July 31, 2009 to File Answer by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education. Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education answer due 7/31/2009; Massachusetts Department of Elementary and Secondary Education answer due 7/31/2009. (Alba, Robert)	June 30, 2009	June 30, 2009 PACER
10	MOTION to Seal Case by P.A., C.A. (Attachments: # 1 Text of Proposed Order)(Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/02/2009)	July 2, 2009	July 2, 2009 PACER
11	MEMORANDUM in Support re 10 MOTION to Seal Case filed by P.A., C.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/02/2009)	July 2, 2009	July 2, 2009 PACER
12	NOTICE of Appearance by Pamela Coveny on behalf of P.A., C.A. (Coveney, Pamela) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/03/2009)	July 3, 2009	July 3, 2009 PACER
13	NOTICE of Appearance by Pamela Coveney on behalf of P.A., C.A. (Coveney, Pamela) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/03/2009)	July 3, 2009	July 3, 2009 PACER
14	NOTICE of Appearance by Janine A. Solomon on behalf of P.A, C.A. (Solomon, Janine) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/03/2009)	July 3, 2009	July 3, 2009 PACER
15	ANSWER to 1 Complaint,, COUNTERCLAIM against Dracut School Committee by P.A., C.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iverson, Matthew) (Additional attachment(s) added on 8/6/2009: # 4 Redacted Answer and Counterclaim, # 5 Exhibit A Redacted, # 6 Exhibit B Redacted, # 7 Exhibit C Redacted) (Patch, Christine). Modified on 8/11/2009 (Patch, Christine). (Entered: 07/06/2009) 4 Redacted Answer and Counterclaim View on RECAP 6 Exhibit A Redacted View on PACER 7 Exhibit B Redacted View on PACER 8 Exhibit C Redacted View on PACER	July 6, 2009	July 6, 2009 PACER
	Notice of correction to docket made by Court staff. Correction: Document No. 13 corrected because: it was filed in error. Please refer to Document No. 14 for corrected filing (Patch, Christine)	July 6, 2009	July 6, 2009 PACER
	Judge Patti B. Saris: Electronic ORDER entered denying 10 Motion to Seal Pleadings. "However, the name of the child, the parents and all personal information shall be redacted. Legal argument shall remain in the public record." (Patch, Christine)	July 6, 2009	July 6, 2009 PACER
16	NOTICE of SCHEDULING CONFERENCE. Scheduling Conference set for 9/3/2009 at 2:30 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 07/07/2009)	July 7, 2009	July 7, 2009 PACER
17	General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Alba, Robert) (Entered: 07/07/2009)	July 7, 2009	July 7, 2009 PACER
18	MOTION for Clarification re Order on Motion to Seal Case, by P.A., C.A.(Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/09/2009)	July 9, 2009	July 9, 2009 PACER
	Judge Patti B. Saris: Electronic ORDER entered granting 18 Motion for Clarification. "The requested clarification is allowed." (Patch, Christine)	July 17, 2009	July 17, 2009 PACER
19	NOTICE of Appearance by Scott L. Machanic on behalf of Dracut School Committee (Machanic, Scott) (Entered: 07/20/2009)	July 20, 2009	July 20, 2009 PACER
20	Assented to MOTION for Extension of Time to August 3, 2009 to File Answer re 15 Answer to Complaint, Counterclaim by Dracut School Committee.(Machanic, Scott) (Entered: 07/20/2009)	July 20, 2009	July 20, 2009 PACER
	ELECTRONIC NOTICE OF RESCHEDULED SCHEDULING CONFERENCE. At the request of counsel, the Scheduling Conference previously set for 9/3/2009 has been RESCHEDULED to 9/1/2009 at 2:45 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert)	July 20, 2009	July 20, 2009 PACER
	Judge Patti B. Saris: Electronic ORDER entered granting 20 Motion for Extension of Time to Answer. Dracut School Committee answer due 8/14/2009. (Alba, Robert)	July 20, 2009	July 20, 2009 PACER
21	NOTICE of Appearance by Daniel E. Rosenfeld on behalf of P.A., C.A. (Rosenfeld, Daniel) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/21/2009)	July 21, 2009	July 21, 2009 PACER
22	MOTION for Leave to File Amended Complaint by Dracut School Committee.(Rogers, Amy) (Entered: 07/29/2009)	July 29, 2009	July 29, 2009 PACER
23	AMENDED COMPLAINT against all defendants, filed by Dracut School Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rogers, Amy) (Entered: 07/29/2009) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	July 29, 2009	July 29, 2009 Clearinghouse
24	RESPONSE to Motion re 22 MOTION for Leave to File Amended Complaint filed by P.A., C.A. (Iverson, Matthew) Modified on 8/11/2009 (Patch, Christine). (Entered: 07/30/2009)	July 30, 2009	July 30, 2009 PACER
	Judge Patti B. Saris: Electronic ORDER entered granting 22 Motion for Leave to File Amended Complaint; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Patch, Christine)	Aug. 4, 2009	Aug. 4, 2009 PACER
25	AMENDED COMPLAINT against all defendants Leave to file granted on August 5, 2009, filed by Dracut School Committee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rogers, Amy) (Entered: 08/06/2009)	Aug. 6, 2009	Aug. 6, 2009 PACER
26	ANSWER to 25 Amended Complaint, Amended COUNTERCLAIM against Dracut School Committee by P. A., C. A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iverson, Matthew) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
27	First MOTION to Seal Document Administrative Record, First MOTION for Extension of Time to File Answer to Amended Complaint, First MOTION for Extension of Time to File Administrative Record by Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education, Massachusetts Department of Elementary and Secondary Education.(Baily, Christine) (Entered: 08/13/2009)	Aug. 13, 2009	Aug. 13, 2009 PACER
28	First MOTION to Dismiss by Dracut School Committee.(Machanic, Scott) (Entered: 08/14/2009)	Aug. 14, 2009	Aug. 14, 2009 PACER
29	MEMORANDUM in Support re 28 First MOTION to Dismiss filed by Dracut School Committee. (Machanic, Scott) (Entered: 08/14/2009)	Aug. 14, 2009	Aug. 14, 2009 PACER
	Judge Patti B. Saris: Electronic ORDER entered granting 27 Motion to File and Seal the Administrative Record and Transcript and for Extension of Time to Answer 25 Amended Complaint; Bureau of Special Education Appeals of the Massachusetts Department of Elementary and Secondary Education answer due 8/31/2009. (Patch, Christine)	Aug. 14, 2009	Aug. 14, 2009 PACER
30	CERTIFICATE OF CONSULTATION re 28 First MOTION to Dismiss. (Machanic, Scott) (Entered: 08/15/2009)	Aug. 15, 2009	Aug. 15, 2009 PACER

Case: Dracut School Committee v. Massachusetts Department of Elementary and Secondary Education

1:09-cv-10966 | U.S. District Court for the District of Massachusetts

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