Colin K. v. Schmidt

• Decision Date: 21 April 1982
• Docket Number: Civ. A. No. 80-248.
• Citation: 536 F. Supp. 1375
• Parties: COLIN K., et al. v. Thomas C. SCHMIDT, et al. MIDDLETOWN SCHOOL COMMITTEE v. Arthur R. PONTARELLI, et al.
• Court: U.S. District Court — District of Rhode Island

536 F. Supp. 1375

COLIN K., et al. v. Thomas C. SCHMIDT, et al.

MIDDLETOWN SCHOOL COMMITTEE v. Arthur R. PONTARELLI, et al.

Civ. A. No. 80-248.

United States District Court, D. Rhode Island.

April 21, 1982.

Patricia M. Beede, R. I. Legal Services, Newport, R. I., for plaintiffs.

Forrest L. Avila, R. I. Dept. of Ed., Providence, R. I., Joseph Going, Newport, R. I., for defendants.

OPINION AND ORDER

PETTINE, Chief Judge.

These consolidated cases concern Colin and Alan, two children afflicted by learning disabilities and associated emotional problems. Alan is now twelve years old, and Colin is fourteen. These children and their father, residents of Middletown, Rhode Island, brought suit against the Middletown School Committee hereinafter "MSC" and its members, the Newport County Regional School Committee hereinafter "NCRSC" and its members, the Superintendent of the Newport County Regional Special Education Program hereinafter "NCRSEP", who is responsible for the provision of special education to children residing in a four town area including Middletown, and the Rhode Island Commissioner of Education hereinafter "Commissioner".

Plaintiffs allege that the proposal of MSC and the Superintendent of NCRSEP to educate the children in a "self-contained"¹ classroom for learning disabled children within the regional special education program violates the children's rights under the Education of All Handicapped Children Act hereinafter "EAHCA", 20 U.S.C. § 1401 et seq.,² the Rehabilitation Act hereinafter "RHA", 29 U.S.C. § 794,³ the equal protection clause of the Fourteenth Amendment to the United States Constitution, and 42 U.S.C. § 1983.⁴ Plaintiffs contend that federal law⁵ requires MSC to fund the special education of these children at the Landmark School, a private, residential facility in Massachusetts. Colin, Alan and their father thus seek a declaration that MSC's proposed placements are inadequate and a permanent injunction ordering MSC to fund the children's placement at Landmark. Moreover, they request an award of compensatory and punitive damages for the 1979-80 school year, during which plaintiffs claim that MSC failed to provide them a "free appropriate education" by not funding their education at Landmark. Because this Court has already held that damages are not available under the EAHCA, Colin K. v. Schmidt, C.A. No. 80-0248, unpublished opinion at 3-4 (D.R.I. Dec. 14, 1981), the plaintiffs are now pursuing their damages claim under the RHA, the equal protection clause, and 42 U.S.C. § 1983.⁶ The cases are now before the Court on plaintiffs' motion for summary judgment as to all issues except amount of damages.

FACTS

1. History of the Litigation

The factual background of these consolidated matters is extensive and requires setting forth in great detail. Both Alan and Colin are currently attending Landmark School, and MSC has agreed to fund this placement pending resolution of the cases at bar. Prior to moving to Rhode Island in 1979, the children attended a private day school for learning disabled children in Washington, D. C. known as the Kingsbury Lab School hereinafter "Lab School". Alan went to the Lab School for three years (1976-79), and Colin attended the school for four years (1975-79). The School Committee of Montgomery County, Maryland, in which the children then resided, funded the Lab School placement. Had Alan and Colin not moved to Rhode Island in 1979, they would have continued to attend the day program at Lab School, although the School intended to add psychological counselling to their individualized educational programs hereinafter "IEPs".⁷ Tr. Case of Colin hereinafter "CC" at 29, 41 (Feb. 2, 1980) (testimony of Karen Duncan). Both boys were making "slow, but steady" progress at Lab School. Deposition of Karen Duncan at 64 (Sep. 3, 1980) hereinafter "Deposition". See Tr. CC at 46, 56 (Jan. 9, 1980) (testimony of Dr. Eric Denhoff).

Prior to moving to Rhode Island in 1979, the children's father asked Lab School to recommend a facility in the New England area that could continue the program that Lab had offered. Lab School recommended the Landmark School in Massachusetts. Tr. Case of Alan hereinafter "CA" at 94-97 (Jan. 18, 1980) (testimony of Karen Duncan). Thus, upon enrolling his children in NCRSEP, the father sought funding for special education on a residential basis at Landmark.

After an evaluation of the two boys by a regional diagnostic team, the Superintendent of NCRSEP determined that the children could be educated in self-contained special education classrooms within the regional program. IEPs providing for such placement were prepared for each child.

Their father, however, rejected this proposal, contending that the severity of the children's handicaps required a more intensive residential placement at Landmark. Thus, he filed an administrative complaint, and an administrative hearing was held. The local hearing officer's decision, which was affirmed on appeal by a review officer designated by the Commissioner, found that the IEPs drawn up by MSC failed to provide a "free appropriate education" as required by state and federal law. The local hearing officer held that MSC's proposed program was insufficiently intensive in view of the boys' "severe learning disabilities with accompanying behavioral manifestations." Local Hearing Officer's Decision Re: Alan K. at 5 (Mar. 5, 1980); Local Hearing Officer's Decision Re: Colin K. at 4, 6 (Mar. 5, 1980). Thus, MSC was ordered to prepare a new IEP. However, the hearing officer did not reach the issue of whether Landmark School was an appropriate placement.

On May 29, 1980 plaintiffs filed suit in federal court after determining that the defendants had not complied with the rulings of the local hearing officer and state review officer that MSC prepare new IEPs for the children. While this suit was pending, MSC drew up new IEPs still not calling for placement at Landmark School. Rather, the new IEPs provided for placement of both boys in self-contained learning disabilities classrooms with a pupil/teacher ratio of as high as one-to-ten. Each boy would receive instruction in "core" academic subjects from a teacher specially trained in learning disabilities and assisted by an aide. The IEPs provided for education of the children together with non-handicapped students "where applicable," listing such subjects as art, music, physical education, home economics, and woodworking.⁸ In addition, the students would receive small group instruction in "some skills" and one-to-one tutoring on "specific needs." Furthermore, the IEPs called for psychological counselling by a private psychologist and "follow-up support help" by the in-school psychologist. Alan would receive private counselling twice a week for the first month and more often later if necessary; Colin would receive counselling once a week for the first month and more often later if necessary. Finally, the boys' father would participate in this counselling. Except for the addition of counselling services, these IEPs were almost identical to those originally prepared for the children.

Rather than rule on whether the revised IEPs provided for an "appropriate" special education for the plaintiffs, this Court remanded the question of the IEPs' adequacy to the state administrative process. In August 1980 the local hearing officer approved the new IEPs as modified by him. He determined that a residential placement was inappropriate because it would not be the "least restrictive" means of providing an appropriate special education.⁹ However, this decision was reversed on appeal in January, 1981.

The Commissioner's designated review officer, an employee of the state department of education, found insufficient evidence to support the hearing officer's failure to sustain his earlier findings as to the severity of the children's handicaps and the inappropriateness of MSC's proposals. The review officer held that MSC's new IEPs were inadequate. Moreover, because the parties had agreed to limit themselves to placements at either Landmark School or within the regional special education program, see Decision of State Review Officer at 2 n. 2 (Jan. 16, 1981), the review officer ordered MSC to fund the children's placement at Landmark School.

Rather than appeal the January 1981 state administrative order to this Court, MSC appealed to the Rhode Island Family Court for the County of Newport. Plaintiffs in this action, defendants in the state appeal, filed a petition to remove the state suit to this Court. The Court held that the state action was removable. Colin K. v. Schmidt, 528 F.Supp. 355 (D.R.I.1981).¹⁰

2. Severity of the Children's Disabilities and their Educational Needs

Two rounds of administrative hearings and appeals, consisting of over twenty-five days of testimony, have produced a voluminous record concerning the special educational problems of Colin and Alan. In addition, the record in this matter contains various affidavits, a deposition of a Lab School teacher who worked closely with the boys, diagnostic evaluations, and final progress reports prepared by the Lab School. A summary of relevant information about the children follows.

The person most familiar with the disabilities and accompanying emotional problems of both Colin and Alan is Karen Duncan, a special education teacher at Lab School. She helped develop the Lab School IEPs for both Colin and Alan, worked with them daily as their head teacher during the 1978-79 school year, and "came in contact with them daily, but on a more limited basis" as a tutor during the 1977-78 school year. Deposition at 3-4. Moreover, she has done testing on each student. Id.

Ms. Duncan testified that both Colin and Alan suffer from "severe" behavioral and learning problems. Id. at 5; Tr. CA at 56 (Jan. 18, 1980). She explained that both children are easily frustrated and very insecure, and that both fear failure. Deposition at...