Q. T. v. Pottsgrove School District

Summary

The Third Circuit held that a cousin who lives with and cares for a child, making educational decisions, qualifies as a "parent" under the Individuals with Disabilities Education Act (IDEA)'s broad definition in 20 U.S.C. § 1401(23)(C), which includes "an individual acting in the place of a natural or adoptive parent . . . with whom the child lives." The court rejected the school district's argument that a judicial decree granting legal custody to another relative automatically disqualifies the cousin under 34 C.F.R. § 300.30(b)(2), finding the statute unambiguous and thus not requiring Chevron deference, and that the cousin had standing to file an IDEA due process complaint. The court reversed the district court's grant of judgment on the administrative record and remanded for further proceedings.

Holdings

1. Q.T. qualifies as a parent under 20 U.S.C. § 1401(23)(C) because she is an individual acting in the place of a natural or adoptive parent with whom the child lives and who is legally responsible for the child's welfare.

Questions Presented

1. Whether Q.T. qualifies as a parent under the Individuals with Disabilities Education Act (IDEA) for purposes of filing a due process complaint on behalf of H.P.-B.
2. Whether the District Court erred in granting Pottsgrove's Motion for Judgment on the Administrative Record.

Disposition

reversed_and_remanded