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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

R.M., by and through §

her next friends, D.M. and R.R., §

§

Plaintiff, §

§

v. § CIVIL ACTION NO. 3:22-cv-1789

§

JOSHUA INDEPENDENT SCHOOL §

DISTRICT, §

§

 Defendant. §

PLAINTIFF’S ORIGINAL COMPLAINT

R.M., by and through her next friends, D.M. and R.R., complaining of and against the 

Joshua Independent School District (“Joshua ISD”), alleges as follows:

I. INTRODUCTION

1. R.M. is a fifteen year-old student with an intellectual disability based on an autosomal 

anomaly.

2. She does not exhibit any problematic behaviors and thrives on having the opportunity to 

interact with her friends at school. She received special education services in elementary school 

at her home campus and did well, in part because she received instruction and services along 

with other students who could act as positive behavioral models and on the same campus with 

her family members and close friends. The close proximity of her friends and family not only 

provided her the benefit of socialization and appropriate models, but also gave her a consistent 

and stable framework for her educational development. 

3. When R.M. entered middle school in the fall of 2021, however, Joshua ISD placed her in 

a functional academics classroom at a different campus, not because she would benefit in any 

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way from such a relocation, but rather because it served the administrative convenience of the 

school district to provide services and instruction there.

4. Furthermore, Plaintiff’s parents had obtained information to the effect that many of the 

children served by Joshua ISD in the middle school functional academics classroom at the new 

campus had behavioral difficulties that would present an inappropriate educational environment 

for R.M. Plaintiff’s own behavior is appropriate and unproblematic, in part because she has had 

consistent exposure to her typically developing peers and has modeled her behavioral patterns 

and her language use after them. Receiving her instruction and services on a new campus in a 

functional academics classroom with students with behavioral difficulties would disrupt 

Plaintiff’s stable growth in this regard. Plaintiff has already experienced this difficulty to some 

degree as she had studied in a functional academics classroom in elementary school and had 

been exposed increasingly to students with behavioral difficulties with the problematic effects 

outlined above.

5. In light of these concerns Plaintiff’s parents removed her from special education and 

sought accommodations from Joshua ISD under Section 504 of the Rehabilitation Act of 1973. 

They hoped thereby to have Plaintiff educated on her home campus with the appropriate supports 

and accommodations necessary to facilitate such education. However, Joshua ISD proposed as a 

plan for purposes of Section 504 effectively the same plan that would have gone forward if 

Plaintiff had remained in special education—placement in the functional academics classroom 

on the new campus. Consequently, Plaintiff’s parents refused the proposal. Plaintiff was forced 

to attend the general education classroom without appropriate and necessary accommodations, 

supports, and services. Plaintiff has the capacity to make meaningful progress and to receive 

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both academic and non-academic benefits in the general education classroom if provided 

appropriate and necessary accommodations and supports.

6. On August 27, 2021, Plaintiff filed an administrative due process complaint pursuant to 

the Individuals with Disabilities Education Act, based on the school district’s above-described 

failures. The school district contended that the administrative hearing officer had no jurisdiction 

to hear the matter because R.M. had been removed from special education. On September 28, 

2021, the administrative hearing officer granted the school district’s motion to dismiss on this 

basis.

7. Plaintiff thus seeks relief from this Court and requests that this Court enjoin Joshua ISD 

from failing to provide her the appropriate supports, accommodations, and services she requires 

on her home campus in the general education classroom setting in which she can receive 

meaningful academic and non-academic benefits in a manner appropriate to her unique needs, 

characteristics, and circumstances.

II. PARTIES

8. Plaintiff R.M. is a fifteen year-old student with an intellectual disability. She resides in 

Johnson County.

9. Defendant Joshua Independent School District is a school district in Johnson County. It 

accepts federal funds.

III. JURISDICTION AND VENUE

10. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 

because it arises under the Constitution and laws of the United States. 

11. Plaintiff’s discrimination claims are brought pursuant to Section 504 of the Rehabilitation 

Act of 1973 (“Section 504”), 29 U.S.C. § 794(a).

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12. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2) because a 

substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this 

district.

IV. BACKGROUND FACTS

13. R.M. is a fifteen year-old student with an intellectual disability based on an autosomal 

anomaly.

14. She does not exhibit any problematic behaviors and thrives on having the opportunity to 

interact with her friends and her sisters at school. She received special education services in 

elementary school at her home campus and did well, in part because she received instruction and 

services along with other students who could act as positive behavioral models and on the same 

campus with her family members and close friends. The close proximity of her friends and 

family not only provided her the benefit of socialization and appropriate models, but also gave 

her a consistent and stable framework for her educational development. Plaintiff’s sisters, who 

attend school at their home campus, have energetically and enthusiastically worked over the 

years to make sure that Plaintiff participates in a positive and welcoming educational 

environment.

15. When R.M. entered middle school in the fall of 2021, however, Joshua ISD placed her in 

a functional academics classroom at a different campus, not because she would benefit in any 

way from such a relocation, but rather because it served the administrative convenience of the 

school district to provide services and instruction there. The school district has never provided 

any grounds to believe that the change in campus would benefit Plaintiff in any way or that there 

is any basis for such a change rooted in Plaintiff’s unique characteristics, circumstances, or 

needs. 

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16. Furthermore, Plaintiff’s parents had obtained information to the effect that many of the 

children served by Joshua ISD in the middle school functional academics classroom at the new 

campus had behavioral difficulties that would present an inappropriate educational environment 

for R.M. Plaintiff’s own behavior is appropriate and unproblematic, in part because she has had 

consistent exposure to her typically developing peers and has modeled her behavioral patterns 

and her language use after them. Receiving her instruction and services on a new campus in a 

functional academics classroom with students with behavioral difficulties would disrupt 

Plaintiff’s stable growth in this regard. Plaintiff has already experienced this difficulty to some 

degree as she had studied in a functional academics classroom in elementary school and had 

been exposed increasingly to students with behavioral difficulties with the problematic effects 

outlined above. On information and belief, Plaintiff’s participation in the functional academics 

classroom in middle school on the new campus would substantially exacerbate the difficulties 

Plaintiff has already experienced in such a classroom. Moreover, Plaintiff began using a LAMP 

(Language Acquisition through Motor Planning) device in 2020 which facilitates her 

communication in the general education setting. The school district’s failure to provide her 

appropriate access to that setting has resulted in greatly decreased range of communication 

options and greatly increased limitations placed upon the academic and non-academic growth 

that the use of the LAMP device would have allowed her in the general education setting, 

particularly on her home campus with the typically developing peers with whom she has 

associated her entire life.

17. In light of these concerns Plaintiff’s parents removed her from special education and 

sought accommodations from Joshua ISD under Section 504 of the Rehabilitation Act of 1973. 

They hoped thereby to have Plaintiff educated on her home campus with the appropriate

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accommodations and supports necessary to facilitate such education. However, Joshua ISD 

proposed as a plan for purposes of Section 504 exactly the same plan that would have gone 

forward if Plaintiff had remained in special education—placement in the functional academics 

classroom on the new campus. Consequently, Plaintiff’s parents refused the proposal. Plaintiff 

was forced to attend the general education classroom without appropriate and necessary 

accommodations, supports, and services.

18. On August 27, 2021, Plaintiff filed an administrative due process complaint pursuant to 

the Individuals with Disabilities Education Act, based on the school district’s above-described 

failures. The school district contended that the administrative hearing officer had no jurisdiction 

to hear the matter because R.M. had been removed from special education. On September 28, 

2021, the administrative hearing officer granted the school district’s motion to dismiss on this 

basis.

19. Plaintiff had difficulties academically during the 2021-2022 school year in light of the 

failure of Joshua ISD to provide her appropriate and necessary supports and accommodations in 

the general education classroom. The school district has indicated that it will hold her back a 

year in school as a result, but has not indicated that it will change its own approach to her 

education. Appropriate and necessary accommodations for Plaintiff include the support of a 

dedicated paraprofessional and resource room support. Such supports are not unduly 

burdensome for the school district to provide.

20. Plaintiff thus seeks relief from this Court and requests that this Court enjoin Joshua ISD 

from failing to provide her the appropriate accommodations, supports and services she requires 

on her home campus in the general education classroom setting in which she can receive 

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meaningful academic and non-academic benefits in a manner appropriate to her unique needs, 

characteristics, and circumstances.

COUNT I:

VIOLATIONS OF SECTION 504

21. Plaintiff incorporates by reference paragraphs 1-20 as set forth above.

22. Joshua ISD, a public school district, is a recipient of federal funds within the meaning of 

that term under Section 504.

23. R.M. has a “disability” within the meaning of 29 U.S.C. § 705(9) and is otherwise a 

qualified individual under Section 504.

24. The general education classroom with appropriate accommodations, supports, and 

services is the least restrictive environment for Plaintiff educationally and is the appropriate 

environment in which Joshua ISD should provide such services.

25. Joshua ISD’s actions and omissions constitute unlawful discrimination under 29 U.S.C. 

§ 794(a). They further constitute bad faith and gross misjudgment, particularly in that the school 

district’s actions and omissions have resulted in Plaintiff having to attend school with no 

accommodations or supports at all over the past school year in light of her parents’ unwillingness 

to subject her to the injuries that would befall her in an inappropriate setting on another campus.

26. Joshua ISD’s actions and omissions are causing and will continue to cause Plaintiff

irreparable injury for which there is no adequate remedy at law and will further disserve the 

public interest.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

A. That this Court assume jurisdiction of this cause;

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B. That this Court enter a preliminary and permanent injunction enjoining Defendant 

Joshua ISD from refusing to provide instruction and services to Plaintiff on her home 

campus in the general education classroom with appropriate accommodations and 

supports, such as a dedicated paraprofessional and resource room support. 

C. That this Court, upon final trial of this matter, make the preliminary injunction 

permanent;

D. That this Court award Plaintiff compensatory educational hours in an amount to 

be proven at trial;

E. That this Court award Plaintiff his costs and fees, including reasonable attorneys’ 

fees; and

F. That this Court grant such additional relief as it deems equitable and just.

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Dated: August 15, 2022

Respectfully Submitted,

___/s/ Mark Whitburn______

Mark Whitburn

Texas Bar No. 24042144

Sean Pevsner

Texas Bar No. 24079130

Whitburn & Pevsner, PLLC

2000 E. Lamar Blvd., Suite 600

Arlington, Texas 76006

Tel: (817) 653-4547

Fax: (817) 653-4477

mwhitburn@whitburnpevsner.com

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