Christopher P. by Norma P. v. Marcus

• Decision Date: 27 September 1990
• Docket Number: Nos. 1328,D,1447,s. 1328
• Citation: 915 F.2d 794
• Parties: 63 Ed. Law Rep. 64 CHRISTOPHER P., a minor, by his mother and next friend, NORMA P.; Norma P., on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. Mark J. MARCUS, individually and in his capacity as Commissioner of the Connecticut Department of Children and Youth Services; Robert Suerken, individually and in his capacity as Superintendent of Schools of the Unified School District II, within the Connecticut Department of Children and Youth Services; Kathy Rockwood, individually and in her capacity as principal of the Family School, within the Unified School District of the Connecticut Department of Children and Youth Services; Gerald Tirozzi, individually and in his capacity as Secretary and Chief Executive Officer of the Connecticut State Board of Education, Defendants-Appellees, Cross-Appellants. ockets 89-7909, 90-7155.
• Court: U.S. Court of Appeals — Second Circuit

Page 794

915 F.2d 794

63 Ed. Law Rep. 64

CHRISTOPHER P., a minor, by his mother and next friend NORMA P.; Norma P., on their own behalf and on behalf of all others similarly situated Plaintiffs-Appellants, Cross-Appellees, v. Mark J. MARCUS, individually and in his capacity as Commissioner of the Connecticut Department of Children and Youth Services; Robert Suerken, individually and in his capacity as Superintendent of Schools of the Unified School District II, within the Connecticut Department of Children and Youth Services; Kathy Rockwood, individually and in her capacity as principal of the Family School, within the Unified School District of the Connecticut Department of Children and Youth Services; Gerald Tirozzi, individually and in his capacity as Secretary and Chief Executive Officer of the Connecticut State Board of Education Defendants-Appellees, Cross-Appellants.

Nos. 1328, 1447, Dockets 89-7909, 90-7155.

United States Court of Appeals Second Circuit.

Argued May 21, 1990.

Decided Sept. 27, 1990.

Richard McCarthy, Fairfield, Conn., for plaintiffs-appellants, cross-appellees.

John R. Whelan, Hartford, Conn., Asst. Atty. Gen. of State of Conn. (Ralph E. Urban, Asst. Atty. Gen., of counsel), for defendants-appellees, cross-appellants.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This appeal involves the applicability of subchapter II of the Education of the Handicapped Act, entitled Assistance for Education of All Handicapped Children ("EAHCA" or "the Act"), 20 U.S.C. Sec. 1400 et seq., to the decision to discharge a child from a Connecticut facility at which he received special education services. Plaintiffs Christopher P., a handicapped minor child, by his mother and next friend Norma P., and Norma P. on her own behalf, appeal from judgments entered in the United States District Court for the District of Connecticut (Eginton, J.) granting the defendants' motion for summary judgment on the grounds that the defendants are protected by qualified immunity for the actions challenged and denying plaintiffs' request for declaratory relief. In addition, plaintiffs challenge the district court's partial award of attorneys' fees as an abuse of discretion. Defendants also appeal the district court's fee award on the ground that the plaintiffs are not "prevailing parties." Because we believe that the defendants are entitled to the protection of qualified immunity in the circumstances of this case, we affirm the district court's grant of summary judgment. However, because we conclude that plaintiffs are not "prevailing parties," we reverse the district court's award of attorneys' fees to plaintiffs.

BACKGROUND

Statutory and Institutional Overview

Before considering the merits of this appeal, it is helpful to discuss briefly the setting in which it arises. The primary purpose of the EAHCA is to encourage states, through the use of fiscal incentives such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation and medical and counseling services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a handicapped child to benefit from special education

to provide a "free appropriate public education" for all handicapped children. See, e.g., 20 U.S.C. Sec. 1412(1). "Free appropriate public education" is defined in the Act as "special education and related services" which meet certain requirements set forth in the statute. 20 U.S.C. Sec. 1401(a)(18). "Related services" includes

. . . . .

20 U.S.C. Sec. 1401(a)(17).

Federal financial assistance is conditioned upon a State's compliance with specified procedures designed to ensure "all handicapped children the right to a free appropriate public education," 20 U.S.C. Sec. 1412(1), and to ensure that parents participate in decisions affecting the education of their disabled children. 20 U.S.C. Secs. 1412(2)(E), 1412(7). The procedural safeguards of the Act require that whenever an educational agency covered by the Act "proposes to initiate or change ... the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education," it must provide the parents or guardian of the child with written prior notice, 20 U.S.C. Sec. 1415(b)(1)(C), and give them an opportunity to bring complaints about "any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child." 20 U.S.C. Sec. 1415(b)(1)(E). The Act further requires that pending any proceedings conducted pursuant to the Act, the child shall remain in the current educational placement. 20 U.S.C. Sec. 1415(e)(3). ¹

Connecticut has established a Department of Children and Youth Services (DCYS) to provide services for the care and treatment of mentally ill, emotionally disturbed, delinquent, abused and neglected children. Conn.Gen.Stat. Sec. 17-412 (West Supp.1990). DCYS operates the Greater Bridgeport Children's Services Center (GBCSC), the children's unit of the Greater Bridgeport Mental Health Center. GBCSC, accredited by the Joint Commission on Accreditation of Hospitals for the provision of psychiatric treatment programs for children and adolescents, offers two direct service programs--partial hospitalization (day treatment) and outpatient psychiatric crisis service.

In order to provide educational services to children who reside in or receive day treatment at any state operated institution or facility within DCYS, Connecticut has established Unified School District # 2 (USD # 2). Conn.Gen.Stat. Sec. 17-441. USD # 2 operates, inter alia, a school within GBCSC known as the Family School. A child becomes eligible to attend the Family School upon admission to GBCSC.

Admission to GBCSC is determined by an Admission Team consisting of the GBCSC Medical Director who is a psychiatrist, a GBCSC intake worker and the USD # 2 Pupil Services Coordinator. Following admission, a Treatment Team comprised of GBCSC medical and USD # 2 personnel prepares a treatment plan for each child. Although treatment methods are coordinated with educational services provided by USD # 2, the services provided to a child pursuant to the Treatment Plan are not limited to education but may include medical services such as drug therapy. Decisions regarding the continuation and termination of treatment at GBCSC are made by the Treatment Team under the supervision of the GBCSC medical director. While undergoing GBCSC treatment, the child's educational services are furnished in accordance with an individualized education plan Once the Treatment Team determines that a handicapped child no longer requires GBCSC care, he is discharged and becomes ineligible for educational services from USD # 2. See Conn.Gen.Stat. Sec. 17-441. The child's local school system thereupon assumes responsibility for his education. With this general overview in mind, we turn to the facts of this case.

(IEP) developed by a Planning and Placement Team (PPT) consisting of the Family School principal, a pupil services coordinator, a Family School teacher and the child's parents or guardian.

Facts of This Case

In 1985, when this litigation began, Christopher P. was an eight year old child suffering from a seizure disorder, learning disabilities and behavioral disturbances that rendered him handicapped within the meaning of the EAHCA. 20 U.S.C. Sec. 1401(a)(1). Christopher had experienced problems in the Bridgeport public school system, and in the spring of 1984, the Child Guidance Center of Greater Bridgeport, Inc. recommended that he be admitted to GBCSC. Christopher was admitted on September 6, 1984. On October 18, 1984 Christopher's seven person Treatment Team, comprised of the GBCSC medical director, Day Treatment Clinician, Child Life Specialist, the Pupil Services Coordinator, a teacher from the Family School, a speech/language pathologist and defendant Kathy Rockwood, principal of the Family School, held its initial diagnostic case conference to plan his course of treatment. The team developed recommendations for Christopher's treatment and projected a discharge date of June 21, 1985.

Upon admission to GBCSC Christopher also became eligible for educational services from USD # 2. Accordingly, he was placed in the Family School. At the Family School he received educational services in accordance with an IEP developed for him by his Planning and Placement Team consisting of defendant Rockwood, principal of the Family School, a pupil services coordinator, a teacher affiliated with the Family School and Christopher's mother, Norma P.

Christopher remained at the Family School for the 1984-85 school year. After fifty-six individual and thirty family therapy sessions, Christopher's Treatment Team, believing that he had progressed in his treatment to the point where he could function adequately with community mental health services available to him outside of GBCSC, discharged Christopher from GBCSC on June 21, 1985, the projected discharge date identified by the team at its initial diagnostic conference. ² As a result, Christopher became ineligible to attend the Family School. The Bridgeport public school system consequently accepted full responsibility for Christopher's education for the 1985-1986 school year.

After receiving notice that Christopher had completed his treatment at GBCSC on June 17, 1985, the Bridgeport public school system's Planning and Placement Team met to plan Christopher's educational program for the coming school year. The team determined that Christopher would attend a special education class at the Roosevelt School in Bridgeport. His mother, Norma P., who attended this meeting, did not object to the placement. Rather, on August 20, 1985, Mrs. P., through counsel, wrote to defenda...