A.C. v. Scranton Sch. Dist.

• Decision Date: 13 June 2016
• Docket Number: CIVIL ACTION NO. 3:15-2198
• Citation: 191 F.Supp.3d 375
• Parties: A.C., a minor, by Jerry C. and Jennifer C., his parents, Plaintiffs v. SCRANTON SCHOOL DISTRICT and Salisbury Behavioral, Health, Inc., Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

191 F.Supp.3d 375

A.C., a minor, by Jerry C. and Jennifer C., his parents, Plaintiffs

v.SCRANTON SCHOOL DISTRICT and Salisbury Behavioral, Health, Inc., Defendants.

CIVIL ACTION NO. 3:15-2198

United States District Court, M.D. Pennsylvania.

Signed June 13, 2016

Carl J. Greco, Jennifer Menichini, Greco Law Associates, P.C., Scranton, PA, for Plaintiffs.

Joseph J. Joyce, III, Lawrence J. Moran, Jr., Matthew John Carmody, Joyce, Carmody & Moran, P.C., Pittston, PA, James A. Doherty, Jr., Scanlon, Howley & Doherty, P.C., Kevin Corbett Hayes, Scranton, PA, for Defendants.

MEMORANDUM

MALACHY E. MANNION, United States District Judge

Plaintiffs Jerry C. and Jennifer C., individually and on behalf of their minor son A.C., filed this action alleging that A.C. was discriminated against and denied his right to a free appropriate public education ("FAPE") by defendant Scranton School District ("SSD") due to his disabilities in violation of federal law, including the Americans with Disabilities Act and § 504 of the Rehabilitation Act. SSD filed a motion to dismiss, (Doc. 13), arguing that plaintiffs failed to allege that it denied A.C. any services or programs based solely on his disabilities. SSD also moves to strike portions of the factual allegations in plaintiffs' complaint as time barred. Further, SSD moves to dismiss any claims that Jerry C. and Jennifer C. assert on their own behalf under the Americans with Disabilities Act and § 504 of the Rehabilitation Act. For the following reasons, SSD's motion to dismiss will be GRANTED IN PART and DENIED IN PART . SSD's motion to strike will be DENIED .

Plaintiffs also raise federal claims as well as state law claims against New Story, a private school which provides special education to students, owned and operated by defendant Salisbury Behavioral Health, Inc., (collectively "New Story"). Plaintiffs allege that New Story denied A.C.'s right to FAPE and subjected him to an inappropriate standard of care as well as needless use of physical restraints. New Story filed a motion to dismiss all claims against it contained in Counts III, IV, V and VI of plaintiffs' complaint. (Doc. 14). As discussed below, New Story's motion to dismiss will be DENIED .

I. FACTUAL BACKGROUND¹

Plaintiffs' complaint, (Doc. 1), alleges that A.C. is a ten year old disabled child with special needs who has been diagnosed with Mixed Development Disorder, Autistic Spectrum Disorder

, Mild Mental Retardation, ADHD and Mixed Receptive and Expressive Language Disorder. Based on his disabilities, A.C. is a student who is eligible for special education services as provided by the Individuals with Disabilities Educations Act ("IDEA"). A.C. resides within SSD and is a student of SSD. During the time that A.C. has been a student of SSD, Jennifer C. made repeated efforts to work with the administration for the proper placement and appropriate education of her son. She complained to SSD about the repeated use of physical restraints on A.C. by SSD staff. Subsequently, SSD transferred A.C. to New Story, since it was licensed and approved to provide special education for elementary and secondary students with mental and physical disabilities. SSD contracts with New Story School to provide education to district students at New Story's facilities. Jennifer C. agreed to A.C.'s transfer by SSD to New Story. Plaintiffs allege that after A.C. was placed at New Story, he was improperly treated, including excessive use of physical restraints on numerous occasions, and that he did not receive the appropriate and required care. This treatment affected A.C.'s physical and emotional well being and hindered his educational progress. As such, plaintiffs' claim that the treatment at New Story deprived A.C. of his right to FAPE and subjected him to an inappropriate standard of care for a child with his needs and disabilities.

On February 6, 2014, plaintiffs advised SSD that they wanted A.C. placed in an appropriate setting back within the district, and it was agreed that A.C. was to be removed from New Story. Plaintiffs also requested an Individualized Education Program ("IEP") meeting. From February 6, 2014 to April 7, 2014, SSD provided no schooling to A.C. On April 7, 2014, A.C. was placed in a 5 by 6 foot room at the Neil Armstrong School within SSD. The room was hot and had no windows, no visual aids or stimulation, and A.C.'s play area was a concrete fenced-in enclosure. An IEP meeting occurred on April 14, 2014, at which time A.C.'s educational goals were discussed as well as the opinion of Dr. Cyril Puhalla, A.C.'s Board Certified Child Psychologist, that no restraints were to be used on A.C. unless it was an emergency and a last resort.

On April 16, 2014, A.C.'s special education teacher and his assistant teacher's aide ate A.C.'s snacks which visibly upset him and caused him to try and leave the room. The teacher and aide blocked the doorway and A.C. was restrained by the teacher on the floor. The nurse was called and A.C. kicked both the teacher and the aide as he tried again to get out of the room. The teacher threw A.C. to the ground and the aide laid over his legs holding them down. Two days later, a meeting was held to discuss A.C.'s behaviors and his IEP plan going forward. Plaintiffs allege that SSD staff assigned to A.C. did not have training on how to teach and interact with a special needs child and did not have proper restraint training prior to their assignment with A.C. On May 7, 2014, Dr. Puhalla opined that A.C.'s current placement was inadequate.

On May 16, 2014, A.C. was placed in a different room with a better environment and a new teacher and a new aide were assigned. A.C. remained in this environment throughout the 2014 summer months, as part of his Extended School Year ("ESY") services. At the beginning of the 2014—2015 school year, a placement and acceptable plan for A.C. was not immediately initiated which led to an IEP mediation that was held on September 11, 2014. Based upon the meeting, an acceptable IEP plan was formulated and A.C. began attending school on September 22, 2014, three weeks after the start of the regular school year. A.C. was placed in Monticello, a "special education" facility operated by SSD. Plaintiffs allege that Monticello's facilities were inadequate for A.C.'s needs and that his teachers did not properly address his behaviors. Jennifer C. requested another IEP meeting to address A.C.'s issues with Monticello and claimed it was insufficient to meet the goals and requirements of A.C.'s IEP.

Plaintiffs allege that A.C.'s improper treatment and care at Monticello continued and that his teachers were not properly trained. Plaintiffs claim that the agreed plans regarding A.C.'s education were not followed. Following several incidents, plaintiffs assert that it became clear Monticello was not an adequate placement for A.C. and Dr. Puhalla wrote a letter to SSD telling it to properly place A.C. within 60 days. It was then decided that A.C. was to be home schooled and after a one month delay, a home schooling teacher was assigned to A.C. by SSD.

While A.C. was being home schooled, plaintiffs allege that he only received two hours of instruction per day, substantially less than he would have received if he were properly placed. They also allege that during his home schooling, A.C.'s support services, including speech therapy and occupational therapy, were not provided despite repeated requests from Jennifer C. In March 2015, A.C.'s homebound schooling instructor quit and advised that she would no longer be teaching A.C. A meeting was then held on March 11, 2015 to address A.C.'s proposed placement at Jefferson Center in the emotional support classroom. Even though this placement for A.C. was acceptable to plaintiffs if A.C. received a one-on-one teacher as promised, SSD decided not to place A.C. at Jefferson Center. Plaintiffs also allege that after a meeting with SSD officials they were told no home schooling teacher was available and they were advised that A.C.'s placement would be "Monticello, and that's it" even though it was not a proper placement for him.

For several weeks, Jennifer C. refused to permit A.C.'s placement at Monticello. During this time, A.C. had no teacher and was not provided any schooling and related support services from SSD. Plaintiffs allege that A.C. was denied schooling because of his disabilities and that non-disabled children were not removed from their educational placements and left to sit at home with no educational instruction. Another meeting was held with SSD and plaintiffs were again advised that A.C.'s placement would be Monticello even though it was not a proper environment for A.C. Plaintiffs allege that SSD's decision to improperly place A.C. in Monticello was based upon his disabilities and his need for special education services.

II. PROCEDURAL BACKGROUND

The plaintiffs brought this suit on November 17, 2015, (Doc. 1), asserting federal claims against both SSD and New Story under the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131,et seq. , (Counts I & III, respectively), and under Section 504 of the Rehabilitation Act of 1973 ("RA"), 29 U.S.C. § 794, (Counts II & IV, respectively). The plaintiffs also raise state law claims for negligence and intentional infliction of emotional distress ("IIED") against New Story, (Counts V & VI). As relief against SSD and New Story regarding their federal claims, plaintiffs request compensatory damages and attorneys' fees. Plaintiffs request compensatory damages, punitive damages and attorneys' fees against New Story with respect to their state law claims.

Additionally, the plaintiffs submitted the following exhibits with their complaint, (Doc. 2): plaintiffs' April 8, 2015 due process complaint against SSD in which they commenced a state administrative proceedings against the district by requesting a hearing regarding the alleged denial of A.C.'s rights under the IDEA, the ADA and § 504² ; a copy of the...