Massey v. District of Columbia

Tiffany Massey was a teenager with learning and emotional disabilities. Tiffany was hospitalized in a residential treatment facility for approximately one year, during which time she attended a school for residents of the facility. Three weeks before Tiffany was to be discharged, Tiffany’s parents, the Masseys (plaintiffs) informed the District of Columbia Public Schools (DCPS) (defendants) about Tiffany’s upcoming release and that she would therefore need a new school placement. The district failed to provide a new placement, however, and did not respond in any way until the Masseys found a potential private placement for Tiffany themselves and requested that DCPS authorize that placement. DCPS then held an individualized-education-plan (IEP) meeting with the Masseys and promised to consider the requested placement within five days. DCPS failed to do so, and failed in fact to respond in any way until after the Masseys repeated the request and eventually filed an administrative-appeal request under the provisions of the Individuals with Disabilities Education Act (IDEA). Subsequently, DCPS proposed two alternative placements for Tiffany without articulating any rationale for the proposed placements. DCPS further failed to comply with the procedural requirements for the appeals process as required under the statute. The Masseys filed a complaint in District of Columbia superior court, claiming that DCPS had violated the IDEA and requesting a preliminary injunction requiring DCPS to place Tiffany in the Masseys’ chosen placement.