Opinion

J.B. v. Bonita Unified School District

Court
District Court, C.D. California
Filed
Aug 30, 2022
Cited by
0 cases
Authority
More cited than 16.4%

holding challenge to school closures moot and rejecting as speculative argument that schools may impose further restrictions

How later courts described this case

  • holding challenge to school closures moot and rejecting as speculative argument that schools may impose further restrictions
  • plaintiff’s failure to request compensatory education in federal complaint “deprived the district court of an opportunity to exercise . . . discretion” to award that relief, such that case was moot

Written by the judges who cited it.

The opinion

Case 2:21-cv-07355-SB-E Document 46 Filed 08/30/22 Page 1 of 3 Page ID #:7793

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

J.B. et al., Case No. 2:21-cv-07355-SB-E

Plaintiffs,

v. ORDER FOR PARTIES TO MEET

AND CONFER AND FOR

BONITA UNIFIED SCHOOL PLAINTIFFS TO SHOW CAUSE

DISTRICT, RE: DISMISSAL

Defendant.

In a published decision issued last week, the Ninth Circuit addressed

mootness in a suit under the Individuals with Disabilities Education Act (IDEA)

alleging that California schools failed to provide disabled students a free

appropriate public education (FAPE) when they transitioned to remote instruction

in March 2020. Martinez v. Newsom, No. 20-56404, 2022 WL 3642172 (9th Cir.

Aug. 24, 2022). The court held that the plaintiffs’ claims against defendants from

whom they did not seek compensatory relief were moot because the schools had

resumed in-person instruction. Id. at *5. In the absence of a request for

compensatory relief or for injunctive relief that was not moot, the plaintiffs’

requests for a declaratory judgment stating that the defendants had violated the

IDEA and for attorneys’ fees and costs were insufficient to confer Article III

standing. Id.

Plaintiffs’ complaint in this action requests a variety of declaratory relief and

an award of attorneys’ fees and costs, but it does not request compensatory relief.

Dkt. No. 1 at 28–30 (Prayer for Relief); see also Dkt. No. 20 at 2 (joint Rule 26(f)

report describing case as “a review of an administrative decision for which no

damages are sought; however, attorney’s fees are sought by Plaintiffs”). In their

July 29 supplemental brief, Plaintiffs assert that they are “seeking compensatory

education and services,” Dkt. No. 40 at 10, but they cite no such demand in their

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Case 2:21-cv-07355-SB-E Document 46 Filed 08/30/22 Page 2 of 3 Page ID #:7794

complaint or in any of their filings before the Court. To account for Plaintiff J.B.’s

regression during the period of distance learning, the administrative law judge

(ALJ) awarded her up to 120 hours of compensatory education and related services

in an amount not to exceed $18,000, and Plaintiffs have not challenged the ALJ’s

decision on this issue or argued that the award of compensatory education was

insufficient. Nor have Plaintiffs argued in any of their briefing that the Court (or

the ALJ on remand) should award a particular amount of compensatory

education—much less identified evidence in the administrative record to support

such an award. Thus, Plaintiffs’ assertion that they seek compensatory education

in this action appears to be baseless.

Courts have held that where a federal complaint does not specifically seek

compensatory relief, an earlier request for compensatory education during the state

administrative proceedings does not create an Article III controversy in federal

courts where the plaintiff’s claim is otherwise moot. See Johnson v. Charlotte-

Mecklenburg Sch. Bd. of Educ., 20 F.4th 835, 844–45 (4th Cir. 2021) (“[I]t was

Johnson’s choice as plaintiff whether to seek compensatory education as a remedy

in federal court . . . . We therefore hold that a plaintiff ordinarily must include in

her federal complaint a request for compensatory education to avoid dismissal for

mootness when the student no longer is enrolled in the defendant school system.”);

Brown v. Bartholomew Consol. Sch. Corp., 442 F.3d 588, 598 (7th Cir. 2006)

(plaintiff’s failure to request compensatory education in federal complaint

“deprived the district court of an opportunity to exercise . . . discretion” to award

that relief, such that case was moot).

Apart from attorney’s fees and costs, Plaintiffs’ complaint seeks only

declarations that the ALJ erred in various rulings relating to Defendant’s alleged

denial of a FAPE to J.B. Plaintiffs’ briefing primarily challenges the adequacy of

Defendant’s services in the context of distance learning. Because J.B. has resumed

in-person education and “California has unequivocally renounced the use of school

closure orders in the future,” Martinez, 2022 WL 3642172, at *5 (cleaned up), it

appears that her claims are moot, at least to the extent they challenge deficiencies

in the remote education offered during the COVID-19 pandemic. See id.

(explaining that plaintiff’s curiosity “to learn whether California’s school closures

were unlawful” did not permit court to rule on requests for declaratory relief in

light of the schools’ reopening); Brach v. Newsom, 38 F.4th 6, 15 (9th Cir. 2022)

(holding challenge to school closures moot and rejecting as speculative argument

that schools may impose further restrictions).

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Case 2:21-cv-07355-SB-E Document 46 Filed 08/30/22 Page 3 of 3 Page ID #:7795

Plaintiffs contend in their briefing that “[t]he issue of services during

COVID-19 and the related federal and state guidance” is “part of all” the issues in

this case because “all of [J.B.’s] issues are intertwined.” Dkt. No. 37 at 5. If

Plaintiffs’ claims all challenge the education and resources provided to J.B. while

Defendant’s schools were closed (for which the ALJ already awarded

compensatory education), then they appear to be moot. Moreover, Plaintiffs

represent that the parties reached an agreement last month on a new triennial

assessment plan. Dkt. No. 40 at 10. Plaintiffs’ complaint largely contends that

Defendant ignored various assessments and recommendations in 2019 and 2020

when fashioning an individualized education program for J.B. Even apart from the

resumption of in-person education, it is unclear on this record why these claims are

not moot in the absence of a request for compensatory education.

Given the parties’ apparent confusion about the relief Plaintiffs seek and the

mootness of some if not all of Plaintiffs’ claims, the Court ORDERS the parties no

later than September 7, 2022 to meet and confer to attempt to reach agreement on

the appropriate disposition of Plaintiffs’ claims (including, if possible, a resolution

that would avoid the need for further litigation). Counsel shall participate in the

meet and confer in person or by videoconference. The parties shall file a joint

report on their reasonable efforts to reach agreement and the outcome of their

meeting by September 9, 2022. The Court upon review of the parties’ joint report

will decide whether to hold a hearing.

In the absence of a further order, if the parties are unable to reach agreement,

Plaintiffs are ORDERED no later than September 16, 2022, to show cause in

writing why their claims should not be dismissed as moot. For each claim or

portion of a claim that Plaintiffs contend is not moot, Plaintiffs shall identify the

declaratory relief they seek in their federal complaint as to that claim and explain

why the requested declaration addresses a live dispute between the parties that

impacts the education presently being provided to J.B. Failure to timely respond

will be construed as consent to dismissal of Plaintiffs’ claims as moot. Defendant

may file a reply no later than September 21, 2022.

Date: August 30, 2022 ___________________________

Stanley Blumenfeld, Jr.

United States District Judge

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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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