Q. T. v. Pottsgrove School District, No. 22-1648 (3d Cir. 2023)
Annotate this Case
Student H.P.-B. resides with her adult cousin Q.T. within the geographical boundaries of Pottsgrove. H.P.-B. enrolled in Pottsgrove during the 2014–2015 school year. Q.T. does not have legal custody of H.P.-B—an August 2008 order grants primary physical and legal custody to H.P.-B.’s grandmother, E.E. Q.T. filed an IDEA due process complaint on H.P.-B’s behalf. The district court held that a straightforward application of C.F.R. 34 Section 300.30 (b)(2) “dictates that Q.T. does not qualify as H.P.-B.’s ‘parent’ for purposes of the IDEA.” Q.T., E.E., and F.P. appealed the district court’s order. Appellants argued that the district court erred by holding that Q.T. does not qualify as H.P.-B.’s parent for purposes of the IDEA and, thus that Q.T. is unable to file a due process complaint on H.P.-B.’s behalf.
The Third Circuit reversed and remanded. The court explained the district court erred in finding that Q.T. did not qualify as H.P.-B.’s parent and thus lacked standing to file a due process complaint on H.P.-B.’s behalf. The court reversed the district court’s decision and remanded with instructions to vacate the hearing officer’s order dismissing Q.T.’s due process complaint. The court explained there is ample evidence in the record that Q.T. was acting in the place of H.P.-B.’s natural parent, satisfying the third definition of “parent.” The record shows Q.T. affirmed that she was supporting H.P.- B. assumed all personal obligations related to school requirements for H.P.-B. and intended to keep and support H.P.-B. continuously, and not merely through the school year.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.