Suarez-Martinez v. Commonwealth of Puerto Rico et al
Filing
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OPINION AND ORDER: Denying 10 MOTION to Dismiss for Failure to State a Claim filed by Puerto Rico Department of Education, Commonwealth of Puerto Rico. Signed by Judge Gustavo A. Gelpi (MET)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF PUERTO RICO
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CARMEN SUAREZ MARTINEZ,
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PERSONALLY AND ON BEHALF OF
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HER MINOR SON, F.S.M.
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Plaintiff,
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v.
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COMMONWEALTH OF PUERTO
Civil No. 14-1228 (GAG)
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RICO, AND THE DEPARTMENT OF
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EDUCATION OF THE
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COMMONWEALTH OF PUERTO
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RICO
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Defendants.
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OPINION AND ORDER
On July 12, 2012, Carmen Suárez Martínez (“Plaintiff”) secured a favorable administrative
ruling from the Department of Education (“DOE”) in Case no. 2011-111-02 for adequate educational
placement for her minor son (“F.S.M.”), pursuant to the Individuals with Disabilities Act of 2004
(“IDEA”), 20 U.S.C. §§ 1415 et seq. (Docket No. 1.) Later on, Plaintiff filed the instant action
against the Commonwealth of Puerto Rico and the DOE (collectively “Defendants”) under 20 U.S.C.
§ 1415(i)(3)(B). (Docket No. 1.) Plaintiff seeks reimbursement of the attorney’s fees, costs, and
expenses incurred during the proceedings held before the DOE, as well as those incurred in
prosecuting this case. Id.
Pending before the court is Defendants’ motion to dismiss. (Docket No. 10.) Plaintiff
timely opposed Defendants’ motion. (Docket No. 13.) After carefully reviewing the parties’
submissions and pertinent law, the court DENIES Defendants’ motion to dismiss at Docket No. 10.
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Civil No. 14-1228 (GAG)
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I.
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Standard of Review
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“The general rules of pleading require a short and plain statement of the claim showing that
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the pleader is entitled to relief.” Gargano v. Liberty Intern. Underwriters, Inc., 572 F.3d 45, 48 (1st
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Cir. 2009) (citations omitted) (internal quotation marks omitted). “This short and plain statement
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need only ‘give the defendant fair notice of what the . . . claim is and the grounds upon which it
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rests.’” Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
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Under Rule 12(b)(6), a defendant may move to dismiss an action against him for failure to
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state a claim upon which relief can be granted. See FED. R. CIV. P. 12(b)(6). To survive a Rule
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12(b)(6) motion, a complaint must contain sufficient factual matter “to state a claim to relief that is
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plausible on its face.” Twombly, 550 U.S. at 570. The court must decide whether the complaint
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alleges enough facts to “raise a right to relief above the speculative level.” Id. at 555. In so doing,
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the court accepts as true all well-pleaded facts and draws all reasonable inferences in the plaintiff’s
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favor. Parker v. Hurley, 514 F.3d 87, 90 (1st Cir. 2008). However, “the tenet that a court must
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accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.”
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Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “Threadbare recitals of the elements of a cause of
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action, supported by mere conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S.
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at 555). “[W]here the well-pleaded facts do not permit the court to infer more than the mere
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possibility of misconduct, the complaint has alleged-but it has not ‘show[n]’ -‘that the pleader is
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entitled to relief.’” Iqbal, 556 U.S. 662, 679 (quoting FED. R. CIV. P. 8(a)(2)).
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II.
Factual and Procedural Background
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Plaintiff is the mother and legal guardian of a ten-year old child diagnosed with typical
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Autism and other learning disabilities. (Docket No. 1 ¶ 6.) The minor lives with Plaintiff in the
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municipality of Bayamón, Puerto Rico, and is registered with the DOE as a child with disability.
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Id. Pursuant to federal and state law, the minor’s educational disability makes him eligible to
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participate and benefit from the public education system. Id.
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On September 16, 2011, Plaintiff filed an administrative complaint before the DOE,
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requesting adequate educational placement for the minor pursuant to IDEA. (Docket No. 1 ¶ 10.)
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Civil No. 14-1228 (GAG)
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After various hearings, the DOE entered a ruling in Plaintiff’s favor. Id. ¶ 11. As a result, Plaintiff
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filed suit before this court seeking an award of $9,693.35 for attorney’s fees, costs, and expenses
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incurred from both the instant proceedings and the proceedings before the DOE. (Docket No. 1.)
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Defendants allege Plaintiff’s cause of action is time-barred, therefore, dismissal is warranted.
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(Docket No. 10.) According to Defendants, the applicable statute of limitations to file a claim under
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§ 1415 (i)(3)(B) is thirty (30) days after judgement. (Docket No. 10 at 5.) In opposition, Plaintiff
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argues her claim was timely filed. (Docket No. 13.) Plaintiff posits that the applicable statute of
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limitations for her claim is three (3) years. Id. Plaintiff filed her claim one year and seven months
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after the DOE entered a ruling in her favor. (Docket No. 1.)
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III.
Discussion
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IDEA caters to the educational needs of children with disabilities. 20 U.S.C. §§ 1415 et
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seq. The statute’s purpose is to guarantee that disabled children receive adequate public education.
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Id. Under IDEA, a party that receives a favorable judgment in the administrative forum may be
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awarded reasonable attorney’s fees by the court. 20 U.S.C. § 1415 (i)(3)(B). The statute reads as
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follows:
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In any action or proceeding brought under this section, the court in
its discretion, may award attorney’s fees as part of the costs–
(I) to a prevailing party who is the parent of a child with a disability
(II) to a prevailing party who is a state educational agency or local
educational agency against the attorney of a parent who files a
complaint or subsequent cause of action that is frivolous,
unreasonable, or without foundation, or against the attorney of a
parent who continued to litigate after the litigation clearly became
frivolous, unreasonable, or without foundation; or
(III) to a prevailing state educational agency or local educational
agency against the attorney of a parent, or against the parent, if the
parents complaint or subsequent cause of action was presented for
any improper purpose, such as to harass, to cause unnecessary delay,
or to needlessly increase the cost of litigation.
§ 1415 (i)(3)(B). It is uncontested that Plaintiff prevailed before the DOE. The issue is whether
Plaintiff’s claim for attorney’s fees was timely. To determine whether Plaintiff’s claim was timely
filed, the court must measure the time elapsed between the moment Plaintiff prevailed before the
DOE, and the filing of the claim seeking the reimbursement of attorney’s fees. Id. To do so, the
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Civil No. 14-1228 (GAG)
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court must first determine the applicable statute of limitations. The parties disagree as to which
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statute of limitations applies to claims under § 1415 (i)(3)(B)(I). IDEA is silent as to this matter and
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provides no guidance. Thus, each party suggests a different limitations period.
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Many federal statutes fail to provide a limitation period for the causes of action they create.
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IDEA is no exception. As a general rule, when Congress fails to establish a statute of limitations
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for a federal cause of action, courts are instructed to turn to the local law of the forum state to adopt
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the most analogous time limitation. Wilson v. García, 471 U.S. 261, 266-67 (1985). Even though
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courts tend to adopt the most analogous local statute, “the glance in the direction of the state-law
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cupboard should not be an automatic or reflexive one.” Commc’n Workers of Am. v. W. Electric
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Co. , 860 F.2d 1137, 1139 (1st Cir. 1988). The rule to adopt a local statute is not without exception.
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“We have recognized that a state legislature rarely enacts a limitations period with federal interests
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in mind, and when the operation of a state limitations period would frustrate the policies embraced
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by the federal enactment, this Court has looked to federal law for a suitable period.” Lampf, Pleva,
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Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 355-56. (1991).
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First, the court must determine whether a uniform statute of
limitations is to be selected. Where a federal cause of action tends in
practice to encompass numerous and diverse topics and subtopics,
such that a single state limitations period may not be consistently
applied within a jurisdiction, we have concluded that the federal
interests in predictability and judicial economy counsel the adoption
of one source, or class of sources, for borrowing purposes. This
conclusion ultimately may result in the selection of a single federal
provision, or of a single variety of state actions.
Second, assuming a uniform limitations period is appropriate, the
court must decide whether this period should be derived from a state
or a federal source. [...]
Finally, even where geographic considerations counsel federal
borrowing, the aforementioned presumption of state borrowing
requires that a court determine that an analogous federal source truly
affords a “closer fit” with the cause of action at issue than does any
available state-law source. Although considerations pertinent to this
determination will necessarily vary depending upon the federal cause
of action and the available state and federal analogues, such factors
as commonality of purpose and similarity of elements will be
relevant.
Lampf, 501 U.S. at 357-58.
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Civil No. 14-1228 (GAG)
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In the past, federal courts facing this same issue have failed to find a federal counterpart to
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IDEA. Similar to those courts, this court turns to Puerto Rico law to fill the gap. See e.g. Nieves
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Marquez v. Puerto Rico, 353 F.3d 108, 119 (1st Cir. 2003); King v. Floyd Cnty Bd. of Educ., 228
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F.3d 625-26 (6th Cir. 2000); Powers v. Ind. Dep’t of Educ., Div. of Special Educ.,61 F.3d 552, 558
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(7th Cir. 1995).
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Defendants argue that the court should apply, by analogy, a thirty-day period for judicial
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review provided by the Uniform Administrative Procedure Act (“UAPA”). (Docket No. 10 at 5.)
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In support of their argument, Defendants allege that Plaintiff’s claim is accessory to the
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administrative proceeding before the DOE, making it more like a judicial review. For that reason,
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they maintain that thirty days, the time period provided for judicial review in administrative
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proceedings, is proper. Conversely, Plaintiff rejects the applicability of a thirty day limitations
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period, on the grounds that her claim is independent and distinct from the DOE proceeding.
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Furthermore, Plaintiff contends that a thirty day limitations period is unfairly short and goes against
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IDEA’s purpose. Plaintiff suggests the three-year statute of limitations provided by Article 1867
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of the Puerto Rico Civil Code is appropriate. P.R LAWS ANN. tit. 31 § 5297.
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When deciding which state statute of limitations is most analogous to a federal statute, the
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court’s main focus should be the purpose of the state statute and whether that purpose is in
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accordance with the federal statute’s purpose. Lampf, 501 U.S. at 357-58. If the statute of
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limitations for the state cause of action is consistent with the purpose of the federal law, then that
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statute of limitations should apply. See Posadas de Puerto Rico Associates, Inc. v. Asociación de
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Empleados de Casino de Puerto Rico, 873 F.2d 479, 480-81 (1st Cir. 1989) (internal citations
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omitted). To decide which limitations period is most analogous to § 1415 (i)(3)(B)(I) claims, the
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court interprets the essence of the statute. Lampf, 501 U.S. at 355-56.
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IDEA explicitly states that a prevailing party must file a claim before a different forum to
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seek the reimbursement of fees. § 1415 (i)(3)(B). Said claim is unrelated to the proceedings held
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before the administrative forum. Many courts disagree as to whether a claim for attorney’s fees is
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independent or accessory to the administrative proceedings. To this day, the First Circuit has not
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Civil No. 14-1228 (GAG)
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squarely addressed the issue of which statute of limitations applies to these claims. The rest of the
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circuits are split.
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adequate public education tailored to meet their individual needs. The courts are divided as to
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whether that purpose is better served with a shorter or longer limitations period. Cory D. v. Burke
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Sch. Dist., 285 F.3d 1294, 1295 (11th Cir. 2002).
There is no doubt that IDEA’s objective is to provide disabled children an
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Defendants argue that the Sixth and Seventh Circuits have held that attorney’s fees actions
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are considered part of the judicial review of administrative proceedings. See King, 228 F.3d at 626.
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These circuits have applied the same statute of limitations provided in state law for judicial review.
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The Seventh Circuit has stated the following:
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If seen as an independent cause of action, a claim for attorney’s fees
under § 1415 is arguably analogous to a tort action seeking money
damages, which usually carries a comparatively long statute of
limitations . . . . If viewed as part of the administrative review of the
underlying education dispute, however, the claim is more analogous
to statutes dealing with judicial review of state agency decisions. The
limitations period for such agency review is generally quite short.
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Powers, 61 F.3d at 558. See also King, 228 F.3d at 626 (citation omitted) (adopting Seventh
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Circuit’s recognition that a claim seeking attorney’s fees is “ancillary to the underlying educational
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dispute.”)
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The court rejects Defendants’ theory. Judicial review proceedings and attorney’s fees
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actions are dissimilar. “[T]he facts and legal bases upon which courts make attorney’s fees
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decisions are different from the facts and legal bases upon which courts review state education
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agency decisions.” B.K v. Toms River Bd. of Educ., 998 F. Supp. 462, 470 (D.N.J. 1998). Judicial
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review is a proceeding of appellate nature, in which the court’s role is to affirm or reverse the lower
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forum’s determination. Id. On the other hand, an action seeking reimbursement of attorney’s fees
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is not appellate in nature because the court does not review the administrative forum’s substantive
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findings. Such a claim does not authorize the court to review the merits of the administrative
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decision, much less allow the court to affirm or reverse.
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Plaintiff points to the Eleventh Circuit’s refusal to apply the time limitations established for
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judicial review. In Zipperer v. Sch. Bd of Seminole Cnty. Florida, 111 F.3d 847 (11th Cir. 1997),
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Civil No. 14-1228 (GAG)
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the Eleventh Circuit distinguished two causes of action that arise under section 1415(e). In doing
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so, the court recognized the different nature of a substantive appeal and an attorney’s fee claim.
We agree that the IDEA provides two distinguishable causes of
action under sections 1415(e)(2) and 1415(e)(4)(B). Most
significantly, section 1415(e)(2) provides for the appeal of a
substantive administrative decision, whereas section 1415(e)(4)
provides for an independent claim for attorney’s fees. Because the
district court, rather than the administrative agency, has jurisdiction
to award fees, the prevailing party cannot appeal an administrative
decision under section 1415(e)(4).
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Zipperer, 111 F.3d 847 at 851-52. Thus, the Eleventh Circuit favors a lengthier statute of limitations
for causes of action under IDEA.
The court agrees with the Eleventh Circuit’s holding in Zipperer that an action for
reimbursement of attorney’s fees is not accessory to the administrative proceedings, but entirely
independent.1 All claims under § 1415 (i)(3)(B) arise from the outcome of a previous proceeding,
an educational dispute under IDEA. The action is nevertheless separate from the original cause of
action under IDEA. Moreover, even though an attorney’s fee claim under § 1415 (i)(3)(B) stems
from the same statute as the originating educational dispute, the fee claim is subordinate and
incidental to the main cause of action. “Once an action has reached the stage of attorney’s fees,
issues of educational placement are no longer open.” Powers, 61 F.3d at 558. The IDEA’s main
purpose is to afford disabled children an adequate public education. That purpose has already been
satisfied when the case reaches the attorney’s fees stage. An action seeking judicial review is not
analogous to a claim under § 1415 (i)(3)(B).
The Eleventh Circuit found that: “[t]he goals of the IDEA could not be achieved unless
educational disputes were resolved quickly.” Cory D., 285 F.3d at 1299. It also held that: “[t]he
resolution of claims for attorney’s fees is less urgent.” Zipperer, 111 F.3d 851. The Eleventh
Circuit stated:
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The court notes that the Puerto Rico Supreme Court recognized that an action claiming attorney’s fees
under IDEA is an independent claim. Declet Ríos v. Departamento de Educación,177 P.R. Dec.765 (2009); see
also Santiago de La Concha v. Estado Libre Asociado de Puerto Rico, KAC2012-0999, 2013 WL 6191483 (P.R. Cir.
Oct. 29, 2013).
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Civil No. 14-1228 (GAG)
The short statutes of limitations associated with appeals of
administrative procedures, while appropriate when a child’s
Individualized Education Plan is at issue in a substantive appeal of an
administrative, are too short to vindicate the underlying federal
policies associated with fee-claim provisions of the IDEA.
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Because the district court, rather than the administrative agency, has
jurisdiction to award fees, the prevailing party cannot appeal an
administrative decision under section [1415(i)(3)(B)].
[...]
Nonetheless, the resolution of claims for attorney’s fees is less urgent
and, in reality, is more likely to be resolved by the attorney’s interest
in prompt payment than by a short period of limitations. A four-year
period of limitation, like the award of attorney’s fees to parents who
are a prevailing party, is likely to encourage the involvement of
parents, as represented by attorney’s in securing appropriate public
education for their children. We conclude that the application of a
four- year statute of limitations to claims for attorney’s fees under the
IDEA is consistent with the policies of the federal statute.
Zipperer, 111 F.3d at 851. In other words, the Eleventh Circuit recognized that a longer limitations
period is not contrary to the statute’s purpose. Similarly, the First Circuit has recognized that
personal injury actions under IDEA merit a longer statute of limitations period.
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Not all IDEA claims are necessarily governed by the same statute of
limitations. In choosing statutes of limitations, this court has balanced
three IDEA policy goals: the parental interest in participation, the
school’s interest in speedy resolution of disputes, and the child’s
interest in receiving educational entitlement. Thus, this court has
applied a six-year state limitations period for personal injury actions
to IDEA claims for compensatory education, which seek to obtain
additional education to make up for an earlier deprivation of FAPE,
even though it applies a thirty day statute of limitations to review
IDEA’s administrative hearings.
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Nieves, 353 F.3d at 119 (internal citations omitted). Under those circumstances, the First Circuit
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also noted the difference between judicial review and a claim for attorney’s fees. Id. (“The
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Eleventh Circuit has held that an IDEA claim for attorney’s fees arising under 20 U.S.C. §1415(e)(4)
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has a different limitations period than an IDEA claim seeking review of the agency determination
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under § 1415(e)(2).”) (citing Zipperer, 111 F.3d 847 at 851-52).
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This court agrees. IDEA’s attorney’s fee provision favors an extended period of time for the
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reimbursement of attorney’s fees. In addition, it would be reasonable to consider that an extended
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period of time could result in favorable negotiations between the parties, potentially avoiding
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litigation. In contrast, a shorter limitations period, such as the thirty-day period proposed by
Defendant, could entice the prevailing party to appear before a court of law, prior to any attempt to
negotiate. Thus, a longer statute of limitations is more reasonable considering it promotes bona fide
negotiations between parties, simultaneously avoiding the filing of premature claims. B.K., 998 F.
Supp at 471.
Section 5297 of the Puerto Rico Civil Code provides a three-year statute of limitations for
regular attorney’s fees claims.
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For the fulfillment of the following obligations shall prescribe in
three (3) years: (1) For the payment of judges, lawyers, registrars,
notaries public, experts, agents, and clerks, for their charges and fees
and expenses and disbursements incurred by them in the discharge of
their duties or offices in the matters to which the obligations refer §
5297. Actions which prescribe in three (3) years.
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P.R LAWS ANN. tit. 31 § 5297. In Culebra Enter. Corp. v. ELA., 127 P.R. Dec. 943 (1991), the
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Puerto Rico Supreme Court briefly discussed the statute of limitations established in § 5297 and
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catalogued it as a reasonable time period to tend to pecuniary obligations of that kind.
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Both § 1415 (i)(3)(B) and § 5297 create causes of action that guarantee the compliance of
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pecuniary obligations. Furthermore, they both emanate from earlier litigation or professional
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relationship. The former, as previously discussed, awards the reimbursement of attorney’s fees
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rendered in IDEA claims. The latter serves the exact same purpose and remedy, but is not limited
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to a specific- type claim or statute. These statutes are thus counterparts. Each creates a claim for
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the collection of monies for an attorney’s professional services. Accordingly, under Puerto Rico
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law, § 5297 of the Puerto Rico Civil Code is analogous to claims under IDEA §1415 (i)(3)(B). In
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turn, this court adopts § 5297's three-year statute of limitations as the applicable limitations period
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for attorney’s fees claims under §1415 (i)(3)(B).
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For the foregoing reasons, the court finds that the applicable statute of limitations for an
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action seeking the reimbursement of attorney’s fees under IDEA § 1415(i)(3)(B) is three years,
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During Congressional debate the dissuasive effect on litigation of § 1415(i)(3)(B) was considered. See 99
Cong. Rec. 21389 (1985).
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counting from the conclusion of the administrative proceedings. In this case, the DOE entered a
final judgment in Plaintiff’s favor on July 21, 2012. On March 18, 2014, Plaintiff filed the action
for attorney’s fees. Plaintiff filed her § 1415(i)(3)(B) claim one year and seven months after the
conclusion of the DOE proceedings. Thus, Plaintiff’s claim is not time-barred. For it was initiated
within the applicable § 5297 three year statute of limitation.
IV.
For the reasons set forth above, the court DENIES Defendant’s motion to dismiss at Docket
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Conclusion
No. 10.
SO ORDERED.
In San Juan, Puerto Rico this 16th day of July, 2014.
s/ Gustavo A. Gelpí
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GUSTAVO A. GELPI
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United States District Judge
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