Donahue v. Kansas Board of Education et al

Filing 97

MEMORANDUM AND ORDER. IT IS THEREFORE ORDERED that plaintiff's claims against defendant Lloyd Swartz are dismissed, and he is terminated as a party to this action. Signed by District Judge Carlos Murguia on 8/27/2018. Mailed to pro se party Toni R Donahue by regular mail ; Certified Tracking Number: 70180680000181740083 (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

TONI R. DONAHUE,

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Plaintiff,
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v.
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KANSAS BOARD OF EDUCATION, et al., )
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Defendants.
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Case No. 18-2012

MEMORANDUM AND ORDER
Plaintiff Toni R. Donahue filed this action pro se, for judicial review of a due process hearing
and subsequent administrative review involving her child’s school district, both of which were
conducted pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1415(f),
and Kansas law. In a Memorandum and Order dated June 20, 2018, this court dismissed nearly all of
the parties from this case and denied plaintiff’s request for a preliminary injunction (Doc. 79). Plaintiff
filed a Notice of Appeal of the denial of her request for injunctive relief (Doc. 80), and also requested
permission to file an interlocutory appeal of the court’s other rulings (Doc. 88) and moved to stay this
case pending appeal (Doc. 85). The court denied plaintiff’s request for an interlocutory appeal and for
a stay. The court further advised plaintiff that she must show cause why the court should not dismiss
defendant Lloyd Swartz as an improper party within fourteen days, and stated that if plaintiff was
unable to demonstrate a legal basis for keeping defendant Swartz in this case for judicial review, the
court would dismiss defendant Swartz from the case.
Plaintiff did not respond to the court’s order or show cause why defendant Swartz should not be
dismissed as an improper party. The court previously held in Doc. 79 that the only proper parties to an
IDEA due process hearing are the parents and the local education agency. 20 U.S.C. § 1415(f)(1)(A);

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Kan. Stat. Ann. § 72-3415(a)(1). Here, those parties are plaintiff and Olathe Unified School District
USD No. 233. Defendant Swartz, like many of the other defendants named in this case, is not a proper
party. The court now dismisses him from the case for the same reasons the court has dismissed the
other parties to this action, as set forth in Doc. 79.
IT IS THEREFORE ORDERED that plaintiff’s claims against defendant Lloyd Swartz are
dismissed, and he is terminated as a party to this action.
Dated this 27th day of August, 2018, at Kansas City, Kansas.

s/ Carlos Murguia_______________
CARLOS MURGUIA
United States District Judge

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