Catlin v. Sobol
| Decision Date | 30 March 1995 |
| Docket Number | No. 86-CV-222.,86-CV-222. |
| Citation | 881 F. Supp. 789 |
| Parties | Daniel CATLIN and Dundeen Catlin, individually and as parents and natural guardians of Dunbar Elliot, a/k/a "Dell" Catlin, a handicapped child, Plaintiffs, v. Thomas SOBOL, as Commissioner of Education of the State of New York, John F. Holdorf, as Superintendent of Schools of the Edmeston Central School District, and The Board of Education of The Edmeston Central School District, Defendants. |
| Court | U.S. District Court — Northern District of New York |
Anderson, Banks, Moore, Curran & Hollis, Mount Kisko, NY (Lawrence Thomas, James P. Drohan, of counsel), for plaintiffs.
Dennis C. Vacco, Atty. Gen. of the State of N.Y., Dept. of Law, Albany, NY (Lawrence
Doolittle, Asst. Atty. Gen., of counsel), for defendant Thomas Sobol.
Hogan & Sarzynski, Binghamton, NY (Edward Sarzynski, of counsel), for defendants John F. Holdorf and the Board of Educ. of the Edmeston Cent. School Dist.
Plaintiffs move to reinstate the court's September 3, 1986 Memorandum-Decision and Order granting in part their cross-motion for summary judgment against defendants. In that decision, the court held that New York Education Law § 3202(4)(b), as applied to plaintiff Dunbar ("Dell") Catlin, violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. See Memorandum-Decision and Order, Document ("Doc.") 12, reported as Catlin v. Ambach, 644 F.Supp. 161 (N.D.N.Y.1986). Plaintiffs also seek leave to re-submit their application for attorney's fees as prevailing parties within the meaning of 42 U.S.C. § 1988. Defendants oppose plaintiffs' motions and cross-move for summary judgment.
Plaintiff Dunbar Elliot ("Dell") Catlin was born in 1973. His biological parents are plaintiffs Daniel and Dundeen Catlin (the "Catlins"), who resided in Bedford, New York at the time of Dell's birth. The Catlins learned soon after Dell's birth that he suffered from Down's Syndrome, and would be mentally retarded his entire life. After consulting with various professionals and family members, the Catlins placed Dell in a family home in Edmeston, New York, owned and operated by Samuel and Elizabeth Conde (the "Condes"). Their decision to do so was based on the Condes' experience in operating a licensed foster home, in which approximately 25 Down's Syndrome children had been cared for and housed. Transcript of Daniel Catlin's Testimony of July 1, 1986 " "), Doc. 48, at 22-23; Transcript of Elizabeth Conde's Testimony of July 1, 1986 ), Doc. 48, at 43. The Catlins believed the Condes' experience and expertise could provide Dell with certain care and advantages which the Catlins themselves were unable to offer. Dl. Catlin T., Doc. 48, at 22.
The Catlins always intended Dell to reside permanently with the Condes. Id. at 32. Dell was transported directly from the hospital where he was born to the Condes' Edmeston home. Id. at 24. He has never visited his biological parents' homes. Id. at 24-25; E. Conde T., Doc. 48, at 46. Nonetheless, the Catlins pay for the costs associated with Dell's care at the Condes'. Dl. Catlin T., Doc. 48, at 25-26. No part of those costs is borne by any social service agency. Id. at 26.
The Condes' is the only home Dell knows and the people with whom he lives are, in most senses, his family.1 Dell refers to the Condes as "Mama" and "Dad" and has long-standing, extended family relationships with two of the Condes' biological children who reside in the area. Dell shares a room with Seamus Varney. Seamus, one year younger than Dell, has Down's Syndrome and has lived with the Condes in Edmeston since shortly after his birth. Dell and Seamus consider themselves brothers. They attend school together, and have become virtually inseparable over the years.2 E. Conde T., Doc. 48, at 45-46.
The Condes are completely responsible for day-to-day decisions regarding Dell's care and supervision. E. Conde T., Doc. 48, at 47-48. They arrange for his appointments and accompany him to the doctor, dentist, and barber, while also ensuring that he knows the neighbors, the postman, and others with whom he has regular contact. Id. at 54-5. Through the Condes, Dell has become a part of the Edmeston community.
Dell attends the Primary Trainable Mentally Retarded Program at the Board of Cooperative Educational Services — Mt. Vision School in Green County ("BOCES — Mt. Vision School"), within Edmeston Central School District ("Edmeston Central").3 Dell is friendly with his schoolmates and teachers, and has attended school since 1978. Throughout his school-age years, Edmeston Central has dealt exclusively with the Condes concerning Dell's day-to-day educational needs. For example, Edmeston Central contacts the Condes when school is cancelled for the day, when the school needs parental consent forms for Dell to attend school functions, and when Dell becomes ill while at school. Id. at 52. It is clear from these facts that the center of Dell's civic, social, and family life is in Edmeston, New York. Both the Catlins and the Condes believe that it would be extremely harmful for Dell to leave Edmeston and the home the Condes have provided him. Id. at 55-56; D1. Catlin T., Doc. 48, at 32.
Dell's attendance at the BOCES — Mt. Vision School was based upon the recommendation of the Edmeston Central School District's Committee on the Handicapped ("Edmeston COH"). From the time he started school in 1978 through the spring of 1985, the Edmeston COH and the Committee on the Handicapped from Bedford Central School District ("Bedford Central") jointly established and reviewed Dell's educational placement.
In April of 1985, the Catlins moved from their home in Bedford, New York to Nantucket, Massachusetts. From the beginning of Dell's education in 1978, Bedford Central had financed Dell's education at Edmeston Central. As the district in which Dell's parents lived, Bedford Central believed it was responsible for Dell's education under New York Education Law § 3202(4)(b). Once the Catlins moved, however, Bedford Central promptly informed Edmeston Central that it would no longer pay Dell's tuition, and would not continue to be involved in reviewing Dell's educational placement. See July 17, 1985 Letter From Melvin Schwager, Ph.D., Director of Special Services, Bedford Central School District, Exhibit ("Exh.") 20, attached to Doc. 2. Since then, the Edmeston COH has been solely responsible for Dell's placement. Bedford Central also advised the Nantucket Public School District of its belief that, because the Catlins' new residence was in Nantucket, the burden of educating Dell fell on the Nantucket Public School District. See October 4, 1985 Letter From Melvin Schwager, Exh. 21, attached to Doc. 2. Edmeston Central subsequently notified the Catlins that Dell could no longer attend public school in that district unless the Catlins, or the Nantucket Public School District, assumed financial responsibility for Dell's education. The Catlins appealed Edmeston Central's decision to the Commissioner of Education of the State of New York ("the Commissioner" or "Commissioner of Education"). In a written decision dated January 14, 1986, the Commissioner affirmed the decision of Edmeston Central.4 The instant litigation ensued.5
The New York State Constitution mandates that "the legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated." N.Y. CONST. art. XI, § 1. The state legislature fulfilled this mandate by enacting New York Education Law § 3202, the first subsection of which places the obligation to provide public schooling without payment of tuition on the school district in which a child resides. N.Y.Educ.Law § 3202(1). For children living in free family homes or family homes at board, as in the instant case,6 the statute provides:
when such family homes shall be the actual and only residence of such children and when such children are not supported and maintained at the expense of a social services district or of a state department or agency, such children shall be deemed residents of the school district in which such family home is located.
N.Y.Educ.Law § 3202(4)(b) (emphasis added). Children living in family homes at board which are not their "actual and only residence" are not entitled to have their education funded by the school district in which the family home at board is located. N.Y.Educ.Law § 3202(4)(b).
In refusing to fund Dell's education, Edmeston Central took the position that the Condes' home was not Dell's "actual and only residence" for purposes of § 3202. See August 1, 1985 Letter From John F. Holdorf, Superintendent of Edmeston Central, Exh. 1 attached to Doc. 1. In upholding Edmeston Central's actions in his January 14, 1986 decision, the Commissioner of Education applied the common law presumption that a child resides with his biological parents even when the child is not physically present in the parents' home. According to the Commissioner, this presumption can be overcome only by a showing that the parents neither exercise control, nor maintain financial responsibility, over the child. The Catlins could not make such a showing, and therefore could not rebut the presumption that Dell resides with them. See Decision, Exh. A attached to Doc. 22, at 2. Hence, the Commissioner concluded, Edmeston Central's determination that the Condes' was not Dell's "actual and only residence" was not arbitrary, capricious, or unreasonable. Id.
On February 27, 1986, plaintiffs filed their complaint in this court alleging that New York Education Law § 3202(4)(b), as interpreted by the Commissioner and enforced by Edmeston Central in this case, violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment and also the Privileges and...
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...New York Education Law § 3202(4)(b) violates the Due Process Clause of the Fourteenth Amendment of the Constitution. See Catlin v. Sobol, 881 F.Supp. 789 (N.D.N.Y.1995). On appeal, defendants argue that the court erred in granting plaintiffs' motion for summary judgment on the Due Process c......
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