Opinion

TOMS RIVER REGIONAL SCHOOLS DISTRICT BOARD OF EDUCATION v. A.E.

Court
District Court, D. New Jersey
Filed
Jul 25, 2019
Cited by
0 cases
Authority
More cited than 25.1%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

TOMS RIVER REGIONAL SCHOOLS

DISTRICT BOARD OF EDUCATION,

Plaintiff, Civil Action No. 19-15629 (MAS) (LHG)

v. MEMORANDUM ORDER

A.E. & A.P., on behalf of D.M.,

Defendants.

This matter comes before the Court upon the Court’s review of the docket. On July 19,

2019, Plaintiff Toms River Regional Schools District (“Plaintiff”) filed a Complaint and

Application for Preliminary Injunctive Relief. (See Compl., ECF No. 1.) On July 23, 2019,

Plaintiff filed correspondence indicating that the injunctive relief Plaintiff seeks has been granted

in an underlying administrative hearing.1 (Correspondence, ECF No. 8.) On July 24, 2019,

Defendants A.E. and A.P., on behalf of D.M. (“Defendants”) filed correspondence requesting,

inter alia, injunctive relief and a teleconference with the Court. (Correspondence, ECF No. 9.)

On July 24, 2019, the Court held a telephone conference with the parties.2 (See ECF No. 10.)

This matter arises out of a dispute between Plaintiff and Defendants pursuant to the

Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1450. (Compl. ¶ 1.) On

August 17, 2018, pursuant to the IDEA and New Jersey law, Plaintiff filed a Petition for Due

Process and the petition was subsequently transmitted to the New Jersey Office of Administrative

1 As a result of Plaintiff receiving the injunctive relief it seeks, Plaintiff’s Application for

Preliminary Injunctive relief is moot.

2 Due to the spontaneous nature of the teleconference, the telephone conference was not placed on

Law (the “Underlying Proceeding”). (Id. ¶¶ 29-30.) The matter was assigned to the Honorable

Jeffrey N. Rabin, A.L.J. (Compl. ¶ 30.) On June 25, 2019, Judge Rabin issued an order (the “June

25 Order”) (Compl., Ex. A (“June 25 Order”), ECF No. 1), and he issued a second order on July

1, 2019 (the “July 1 Order”) (Compl., Ex. B (“July 1 Order”), ECF No.1). Plaintiff appeals the

June 25 Order and the July 1 Order on an interlocutory basis.

Federal courts are courts of limited jurisdiction. See Zambelli Fireworks Mfg. Co., Inc. v.

Wood, 592 F.3d 412, 418 (3d Cir. 2010). A federal court, therefore, is required to determine

whether it has jurisdiction even if the parties to an action have not made a jurisdictional challenge.

Packard v. Provident Nat’l Bank, 994 F.2d 1039, 1049 (3d Cir. 1993).

“The IDEA grants subject matter jurisdiction to the federal district courts[,]” by allowing

an “aggrieved party to bring a civil action in . . . federal court.” D.E. v. Cent. Dauphin Sch. Dist.,

765 F.3d 260, 274 (3d Cir. 2014). Specifically, 20 U.S.C. § 1415(i)(2)(A) “permits an appeal to

the federal courts only where a party is ‘aggrieved by the findings and decision’ made under

subsections (f), (k), or (g) of the statute.” Hopewell Valley Reg’l Bd. of Educ. v. J.R., No. 15-8477,

2016 WL 1761991, at *3 (D.N.J. May 3, 2016) (internal citation omitted). “In the normal case,

exhausting the IDEA’s administrative process is required in order for the statute to ‘grant subject

matter jurisdiction to the district court.’” S.D. by A.D. v. Haddon Heights Bd. of Educ., 722 F.

App’x 119, 125 (3d Cir. 2018) (quoting Batchelor v. Rose Tree Media Sch. Dist., 759 F.3d 266,

272 (3d Cir. 2014)).

Plaintiff asserts that the Court has jurisdiction pursuant to 20 U.S.C. § 1415(i). (Compl.

¶ 1.) Plaintiff, however, has not exhausted its administrative remedies in the Underlying

Proceeding, and, as a result, 20 U.S.C. § 1415(i) cannot provide the Court subject matter

jurisdiction. Id. (“Section 1415(l) of the IDEA requires exhaustion of the administrative hearing

process . . . in actions brought directly under the IDEA . . . .”).

Plaintiff asserts that the Court’s subject matter jurisdiction is based on satisfying three out

of four of the exceptions to the IDEA’s administrative exhaustion requirements. (Id. ¶¶ 48-52.)

The Third Circuit has recognized four situations where exhaustion of administrative remedies is

not required, where: “(1) exhaustion would be futile or inadequate; (2) the issue presented is purely

a legal question; (3) the administrative agency cannot grant relief; and (4) exhaustion would cause

severe or irreparable harm.” D.E., 765 F.3d at 275. The Court finds that none of these exceptions

are satisfied.

The futility exception does not apply. As a threshold matter, the factual record does not

appear to be fully developed, as recognized in the July 1 Order, in which Judge Rabin stated that

there are genuine issues and questions of fact. (See July 1 Order.) Additionally, nothing on the

face of the Complaint establishes that this is an emergency situation involving the mental or

physical health of D.M. Plaintiff also has not alleged that the remedy it seeks in the Underlying

Proceeding is unavailable pursuant to the IDEA. At bottom, Plaintiff’s objection to the July 1

Order is a mere disagreement with Judge Rabin’s denial of Plaintiff’s motion for summary

decision. Similarly, Plaintiff’s disagreement with the June 25 Order does not satisfy the futility

exception because the June 25 Order is procedural in nature and any purported error in the June

25 Order or harm resulting from the same can be addressed on appeal after the due process hearing.

The purely legal exception to exhaustion is derived from the futility exception. See Lester

H. by Octavia P. v. Gilhool, 916 F.2d 865, 869 (3d Cir. 1990) (“The basis for the district court’s

futility finding is that the issues involved here were purely legal, not factual.”). This is because

exhaustion is required “where the peculiar expertise of an administrative hearing officer is

necessary to develop a factual record.” Id. If no factual record needs to be developed and no

evidentiary disputes remain, i.e., the matter is purely legal, “the court can and should decide legal

issues.” Id.

The Court finds that Plaintiff’s allegation that “all that remains are the ‘purely legal

questions’ of whether the [Defendants’] unreasonable and fraudulent conduct bars them from

attaining the relief they now seek[,]” fails. As discussed, ALJ Rabin found that there were issues

of fact which precluded the grant of Plaintiff’s Motion for Summary Decision on the issue of

Defendants’ registration of D.M. Despite ALJ Rabin’s conclusions, Plaintiff alleges the Court has

subject matter jurisdiction because there are no issues of fact. Plaintiff’s position is significantly

undermined by the fact that the July 1 Order contains a limited number of findings of fact—four—

and the standard of review the Court must apply to the July 1 Order—modified de novo. See L.E.

v. Ramsey Bd. of Educ., 435 F.3d 384, 389 (3d Cir. 2006) (“When deciding an IDEA case, the

District Court applies a modified de novo review and is required to give due weight to the factual

findings of the ALJ.”)

In effect, Plaintiff invites the Court to base its subject matter jurisdiction on a limited

factual record that ALJ Rabin has already determined requires a full evidentiary hearing to

complete. The Court declines Plaintiff’s invitation, especially in light of the Third Circuit’s

caution that “[d]isruption and interference with the state proceedings can have serious adverse

effects[,]” while “the duplication of effort in evaluating the same areas of controversy is a

substantial detriment to consistency and procedural efficiency.” Komninos by Komninos v. Upper

Saddle River Bd. of Educ., 13 F.3d 775, 779 (3d Cir. 1994).

The Third Circuit has advised that the “severe or irreparable harm” exception “is to be

sparingly invoked[,]” and to establish irreparable harm, a party “must provide a sufficient

preliminary showing that the child will suffer serious and irreversible mental or physical damage

(e.g., irremediable intellectual regression) before the administrative process may be

circumvented.” Id. at 778-79. Here, Plaintiff cannot satisfy this threshold requirement because

Plaintiff does not allege that harm will come to D.M. (Compl. ¶ 51.) Additionally, the speculative

harms Plaintiff alleges it may suffer can be rectified if and when Plaintiff is in a position to appeal

a final decision following the due process hearing. The Court, accordingly, concludes the severe

or irreparable harm exception does not apply.

In sum, none of the exceptions to the IDEA’s exhaustion of administrative remedies

requirement are satisfied.3 The Court, accordingly, finds it does not have subject matter

jurisdiction over this matter.

For the reasons set forth above, and other good cause shown,

IT IS on this 25th day of July, 2019 ORDERED that:

1. Plaintiff’s Application for Preliminary Injunctive Relief (ECF No. 1) is DENIED as

moot.

2. Plaintiff’s Complaint (ECF No. 1) is DISMISSED.

3. The Clerk of Court shall close this matter

s/ Michael A. Shipp

MICHAEL A. SHIPP

UNITED STATES DISTRICT JUDGE

3 Plaintiff does not allege that the fourth exception applies, and the Court does not consider whether

it applies because Plaintiff bears the burden of establishing the same. Gould Elecs. Inc. v. United

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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