Appeals Court Rules for Sweet Stevens Client in Tuition Reimbursement Case
News Release
New Britain, PA – The United States Court of Appeals for the Third Circuit has ruled in favor of the Pennsbury School District in a significant case involving the Individuals with Disabilities Education Act (IDEA). The ruling marks a decisive victory for the district, represented by partner Mark W. Cheramie Walz of Sweet, Stevens, Katz & Williams LLP in a matter that was first heard before a hearing officer and then the United States District Court for the Eastern District of Pennsylvania, who had both ruled in favor of the school district.
The case, Ruari C. v. Pennsbury School District, was brought by parents who challenged the appropriateness of their child's Individualized Education Plan (IEP) and requested tuition reimbursement for a private school alternative. From the middle of third through eighth grade, the student attended a private school. In anticipation of the 2021-2022 school year, Pennsbury reevaluated the student, found him eligible for services, and proposed an IEP.
The parents rejected the proposed IEP, claiming that the administration of the district’s reevaluation was flawed by pandemic-related restrictions, including the wearing of masks during the Autism Diagnostic Observation Schedule (ADOS). They placed the child in a private school and sought tuition reimbursement from the district. They also had the child evaluated by a private psychologist who concluded, contrary to the findings of Pennsbury, that he demonstrated minimal signs of autism.
The family filed a due process complaint, after which a hearing officer ruled that the district’s IEP was, in fact, appropriate and denied the reimbursement request. The family filed an appeal, and the United States District Court for the Eastern District of Pennsylvania upheld the decision. The family then appealed to the higher court, arguing that both the hearing officer and district court legally erred by using the pandemic as an “excuse” to accept observations from an improperly administered ADOS and that the district did not have the evidentiary support to satisfy an autism classification.
However, the circuit judges sided with the district, concluding that the proposed IEP would have provided the student with a meaningful educational benefit, and that the district had employed a thorough and robust evaluation process despite the challenges posed by the pandemic.
"This ruling reaffirms the district’s commitment to providing high-quality, individualized education to all students, including those with special needs," said Cheramie Walz. "We are pleased that the court recognized the district’s efforts to develop an appropriate educational program for the student in question, especially given the extraordinary and ongoing circumstances and effects of the pandemic.”
Mark Cheramie Walz counsels school entities in all matters related to special education litigation, including due process hearings and federal court appeals. He also dedicates his work to the use of technology in education and advising practical solutions that reduce liability while harnessing the benefits of new technology.
Sweet, Stevens, Katz & Williams, LLP was formed in 1995 by nine experienced education lawyers who created the first private law practice in Pennsylvania dedicated entirely to Education Law. Since then, the firm has grown to 26 attorneys who represent over 290 school and municipal entities as Solicitors or as Special Counsel in more than 50 counties throughout Pennsylvania, and in additional practice areas, such as Construction Law, Tax Assessment Appeals, Audit of Operations and Practices, Real Estate Law and Oil, Gas and Mineral Law.