Facts

Maryl Magee's 12-year-old daughter, E.M., was a student in the Torrance School District. E.M. had performed well at school and as a fourth grader was recommended for the school's gifted-and-talented program. Although she performed well academically, E.M. had longstanding difficulties with emotional ability, anger management, social conflicts and inappropriate behaviors. In 2005, E.M. was removed from her mother's care and placed in foster care.

That year E.M. punched a schoolmate. Magee sought a special assessment for E.M., which was conducted by the school psychologist, Amy Schumaker. Schumaker determined that E.M. was not eligible for special education and as a consequence, E.M. was expelled from the district. Magee disagreed with Schumaker's assessment and requested an independent assessment, which the district did not to provide.

Magee enrolled E.M. at a non-public school called Center for Learning located in Torrance, and paid for the expenses of that school during the 2005-2006 school year. She also paid for an independent assessment of E.M. by Sandra Kaler, Ph.D., a licensed psychologist. Kaler found that Erin was a disabled child, eligible for special education under the Individuals With Disabilities Act (IDEA), and therefore should not have been expelled from the district.

Magee initiated a complaint for due process pursuant to the IDEA with California's Office of Administrative Hearings (OAH) to establish E.M.'s eligibility for special education and to obtain reimbursement of the expenses she incurred for E.M.'s education.

On Jan. 5, 2007, Judge Elsa H. Jones of the OAH issued a decision finding that starting from the time of the incident in the fall of 2005, E.M. was and continued to be a disabled child, eligible under the IDEA for special education placement and services under the category of severe emotional disturbance.

Judge Jones ordered that the district to reimburse Magee the sum of $21,020 for expenses of the Center for Learning during the 2005-2006 school year, and the sum of $1,600 for the expenses of Kaler's independent assessment. Judge Jones also ordered that E.M. remain at the Center for Learning during the 2006-2007 school year paid for by the district. Finally, Judge Jones ordered that the district develop appropriate services for E.M. designed to address her unique needs, including, but not limited to, counseling, social skills training with an emphasis on anger management and conflict resolution, and a behavioral intervention plan.

The district appealed the OAH decision to the United States District Court (CV 07-2164 CAS). Judge Snyder reviewed the administrative record of the case "de novo" and after briefing by the parties affirmed the OAH decision in its entirety. The court also awarded Magee attorney fees and costs of $418,066.

Magee initiated a new complaint for damages arising from the district's failure to find E.M. eligible for special education under the IDEA and for her expulsion from the district.

PLAINTIFF'S CONTENTIONS:
Magee argued that E.M. suffered from severe emotional disturbance and was eligible for special education placement and services under the IDEA. Magee also argued that she was entitled to reimbursement of all expenses she incurred to educate Erin and to assess her special education needs.

DEFENDANT'S CONTENTIONS:
The school claimed that all requirements under the IDEA had been met. The district claimed that E.M. was not eligible for special education placement and services under the IDEA and that Magee was not entitled to reimbursement of any of the expenses she had incurred for E.M.'s education.

Damages

Magee sought to recover damages for IDEA violations.

Result

The parties reached a settlement whereby the district agreed to set aside and expunge the expulsion from E.M.'s student record, pay Magee $12,227 for expenses she incurred in connection with the expulsion hearing, pay $10,000 for E.M.'s benefit, and pay $17,500 in attorney fees and costs.