JENKINS et al v. BUTTS COUNTY SCHOOL DISTRICT

Filing 6

ORDER: The Court finds that the Plaintiff's Complaint passes § 1915A frivolity review. Accordingly, the Plaintiff can proceed with her claims against Defendants Butts County School District and Georgia Department of Education. Ordered by Judge Marc Thomas Treadwell on 3/12/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
PREMESSA JENKINS,
Plaintiff,
v.
BUTTS COUNTY SCHOOL DISTRICT
and GEORGIA DEPARTMENT OF
EDUCATION,
Defendants.

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CIVIL ACTION NO. 5:13-CV-47 (MTT)

ORDER
The Plaintiff is the mother of a disabled child, T.J. The Plaintiff alleges that
Defendants Butts County School District and Georgia Department of Education failed to
provide T.J. with free appropriate public education (FAPE) pursuant to the Individuals
with Disabilities Education Act (IDEA). (Doc. 1). The Plaintiff contends, among other
things, that the Defendants are in charge of developing an individualized education
program for T.J. that meet the IDEA’s requirements, and that they have failed to do so.
The Plaintiff previously filed a similar suit in this Court. Premessa Jenkins v. Butts
County, Civil Action No. 5:11-cv-350 (MTT). The Court dismissed the Plaintiff’s previous
complaint without prejudice because she failed to request a due process hearing
pursuant to the administrative requirements of IDEA. 20 U.S.C. §§ 1415(i)(2)(A), 1415(l)
(Only after an impartial due process hearing is held and an ALJ has rendered a decision
may a parent bring a civil action in state or federal court challenging the ALJ’s decision.).
The Plaintiff’s present Complaint contends that she “filed a pro se due process complaint
with the Georgia Office of State Administrative Hearings on August 10, 2012.” (Doc. 1 at

6). Further, she was “given a form due process complaint developed by the Georgia
Department of Education for FAPE cases, but it was inadequate since it failed to list
possible remedies that a parent could seek in an administrative hearing.” (Doc. 1 at 6).
The Plaintiff states that “[a] decision dismissing the due process complaint was issued on
November 7, 2012 for among other reasons that the pro se complaint failed to specify a
remedy that the administrative body could grant.” (Doc. 1 at 6). She contends that her
motion for reconsideration was denied on December 12, 2012, and that she is now
“appealing the administrative ruling.” (Doc. 1 at 6-7).
On February 12, 2013, the Court granted the Plaintiff’s Motion to Proceed In
Forma Pauperis and ordered the Plaintiff to submit documents supporting her
administrative exhaustion allegations. (Doc. 4). The Plaintiff has provided the Court
with the appropriate administrative records, and thus, the Court can complete its frivolity
review. (Doc. 5). Pursuant to 28 U.S.C. § 1915A, because the Plaintiff is proceeding in
forma pauperis, the Court is required to dismiss the case if it (1) is frivolous or
malicious, (2) fails to state a claim upon which relief may be granted, or (3) seeks
monetary relief against a defendant who is immune from such relief. 28 U.S.C.
§ 1915(e)(2)(b). Here, the Court finds that the Plaintiff’s Complaint passes § 1915A
frivolity review. Accordingly, the Plaintiff can proceed with her claims against
Defendants Butts County School District and Georgia Department of Education.
SO ORDERED, this 12th day of March, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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