Third Circuit Holds Reimbursement and Compensatory Education Claims Not Barred Once Student Graduates

February 3, 2021- William J. Zee, Esq., Raymond A. Durkin Jr., Esq.

In a recent unpublished opinion, the Third Circuit Court of Appeals addressed the question of whether the parents of a disabled student may pursue a claim under the Individuals with Disabilities in Education Act (“IDEA) to recover out-of-pocket expenses after a student graduates from high school.  The Court in Moynihan v. West Chester Area School District, held that parents’ reimbursement and compensatory education claims under IDEA are not mooted by a student’s graduation.

In Moynihan, the parents claimed the school district violated IDEA by failing to provide their disabled child with a free appropriate public education (FAPE) in his ninth, tenth, and eleventh grade school years.  The parents sought declaratory and injunctive relief, as well as claims for reimbursement and compensatory education.  The lower court dismissed all claims against the school district, finding that the parents had requested only injunctive relief and such claims for relief were mooted by the graduation.  The parents appealed this decision to the Third Circuit. 

To the extent the parents sought declaratory and injunctive relief, the Third Circuit affirmed the District Court’s ruling that such claims are mooted by a student’s graduation from high school.  However, construing the parents’ complaint liberally because they were proceeding without legal counsel, the Third Circuit determined the parents also brought claims for compensatory education and reimbursement and that those claims are not mooted by a student’s graduation. The Court therefore vacated the lower court’s judgment in this respect.

Although Moynihan does not constitute binding precedent because it was not an opinion of the full Court, this case is still persuasive authority issued by the Third Circuit regarding the right to seek reimbursement and compensatory education after a student graduates.  Thus, any school district located within the jurisdiction of the Third Circuit (Pennsylvania, New Jersey, and Delaware) should be aware that any pending reimbursement and compensatory education claims will likely not be mooted by a child’s graduation from high school.   

 Should you have any questions regarding claims brought under the Individuals with Disabilities in Education Act, or any other special education related topic, please feel free to reach out to the Appel, Yost & Zee Education Group.