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School Board of City of Suffolk v. Rose

United States District Court, E.D. Virginia, Norfolk Division

September 22, 2015

SCHOOL BOARD OF THE CITY OF SUFFOLK, Plaintiff,
v.
TERI A. ROSE, AS PARENT AND NEXT FRIEND OF C.A.R. a/k/a C.R., Defendant

Page 804

[Copyrighted Material Omitted]

Page 805

          For School Board of the City of Suffolk, Plaintiff: Wendell Myron Waller, LEAD ATTORNEY, Suffolk Public Schools, Office of the School Board Attorney, Suffolk, VA.

         For Teri A. Rose, As Parent and Next Friend of C.A.R. a/k/a C.R., Defendant: Walter Neal Thorp, LEAD ATTORNEY, Law Offices of Walter N. Thorp, Newport News, VA; Lois N. Manes, Williamsburg, VA.

Page 806

         ORDER

         REBECCA BEACH SMITH, CHIEF UNITED STATES DISTRICT JUDGE.

         This matter comes before the court on cross motions for summary judgment filed by the Plaintiff, School Board of the City of Suffolk (" Suffolk" ), on May 4, 2015, ECF No. 16, and the Defendant, Teri A. Rose (" Rose" ), on May 4, 2015, ECF No. 18. Suffolk appeals the decision of an administrative hearing officer resolving a due process complaint, filed by Rose, alleging violations of the Individuals with Disabilities Education Act (" IDEA" ) related to her son, C.R. See 20 U.S.C. § 1415(c), (f), (i) . The hearing officer ruled in favor of Rose, finding that Suffolk denied Rose's son, C.R., a free and appropriate public education (" FAPE" ), as required by IDEA.

         On June 3, 2015, the matter was referred to United States Magistrate Judge Douglas E. Miller, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned proposed findings of fact, if applicable, and recommendations for the disposition of the motions.

         The Magistrate Judge conducted a hearing on June 30, 2015, and granted the parties' requests to hear and receive additional evidence. ECF No. 24. The Magistrate Judge filed the Report and Recommendation (" R& R" ) on August 10, 2015. ECF No. 33. The Magistrate Judge recommended granting in part Rose's Motion for Summary Judgment, denying Suffolk's Motion for Summary Judgment, affirming in part the hearing officer's decision, vacating in part the hearing officer's decision, and enjoining the parties to meet, confer, and prepare a new Individualized Education Plan (" IEP" ) that identifies C.R. as disabled with autism, in addition to other health impairment (ADHD) and specific learning disorder (written expression), for purposes of assessing his eligibility to receive special education and related services. Id. at 47-48.

         By copy of the R& R, the parties were advised of their right to file written objections to the findings and recommendations made by the Magistrate Judge. Id. at 48-49. Suffolk filed its Objections to the R& R on August 25, 2015 (" Suffolk's Objections" ). ECF No. 34. Rose did not file any objections, but did file a Response to Suffolk's Objections on September 8, 2015. ECF No. 35.

         The court also must address Rose's request for attorneys' fees, made in the Brief in Support of Rose's Motion for Summary Judgment. ECF No. 19 at 25-27. This request was repeated in the Response to Suffolk's Objections. Resp. to Pl.'s Objs. at 18-20. Suffolk has not responded to this request, and it was not addressed by the Magistrate Judge.

         I. STANDARD OF REVIEW

         Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, the court, having reviewed the record in its entirety, shall ...


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