Osseo Area Schools, Independent School District No. 279 v. A.J.T.

Background

A.J.T.’s April 24, 2017 individualized education program became her “stay put” program during the litigation. It provided a 4.25-hour school day from noon to 4:15 p.m. After an administrative hearing, an administrative law judge found that 495 hours of instruction would fairly remedy a denial of a free appropriate public education and that instruction at home between 4:30 p.m. and 6:00 p.m. each school day would meet A.J.T.’s individual needs. On September 13, 2022, the court affirmed that order and stated that extending the instructional day to 6:00 p.m., along with the compensatory instruction identified by the administrative law judge, was the appropriate remedy.

When A.J.T. filed the contempt motion, the district had been unable to find a licensed teacher for the period after the high school day ended at 2:00 p.m. The parties later stipulated that the motion would address only the district’s failure to provide services from 2:00 to 4:15 p.m. on Thursdays and Fridays after November 11, 2022. The district had assembled a licensed teacher and paraprofessional team for Mondays, Tuesdays, and Wednesdays and agreed to provide compensatory education for missed services.

A.J.T.’s Motion

A.J.T. asked the court to order Superintendent Cory McIntyre to appear and explain why the district and McIntyre should not be found in contempt for failing to obey the court’s order. She also requested a $5,000-per-day fine against the district and confinement for McIntyre until compliance. The district argued that it could not fully comply because of a special-education staffing shortage and that it had made extensive efforts to hire or reassign qualified personnel.

Contempt Standard

For civil contempt, the moving party must prove by clear and convincing evidence that the alleged contemnor violated a court order. The violation need not be willful. If that showing is made, the burden shifts to the other party to prove inability to comply. The party claiming inability must explain the inability in detail, show that it was not self-induced, and show good-faith efforts to comply. Civil contempt may be used to force compliance, compensate for losses, or both. A confinement order is civil only if the person can end the confinement by complying with the order.

Analysis and Ruling

The court found that A.J.T. had technically shown that the district failed to comply with the order regarding afternoon instruction on Thursdays and Fridays. But the district demonstrated an inability to comply. The court found that the inability was not self-induced and that the district had explained it in detail and made good-faith, reasonable efforts to comply. Those efforts included posting openings, attending job fairs, contacting recruiting services, seeking internal staff and staff from other districts, trying to reassign employees, contacting former and absent employees, and seeking assistance from another intermediate school district.

The district was also keeping a record of missed compensatory hours so they could be provided when staffing became available. The court concluded that fining the district or confining the superintendent was not necessary to force compliance or compensate A.J.T., because those remedies would not eliminate the shortage of special-education specialists. The court did not decide the district’s alternative argument that A.J.T. had to exhaust administrative remedies before filing the motion.

The court denied Defendant’s Motion for an Order to Show Cause Why Plaintiff Should Not be Found in Contempt.