Eads ex rel. Eads v. Unified Sch. Dist. No. 289, 00-4010-SAC.
| Citation | 184 F.Supp.2d 1122 |
| Decision Date | 04 January 2002 |
| Docket Number | No. 00-4010-SAC.,00-4010-SAC. |
| Parties | In the Matter of Victoria Rachel EADS, a minor, By and Through her parents and next friends, Chris EADS and Suzie Eads, and Chris Eads and Suzie Eads on their own behalf, Plaintiffs, v. UNIFIED SCHOOL DISTRICT NO. 289, FRANKLIN COUNTY, KANSAS, and The Board of Education, individually and in their official capacities, and Randall Renaud, Jack Dressler, Betty Gates, Bill Oshel, Barbara Oshel, Mike Trendal, David White, Madlyn Adams, Charles Rutledge, Joyce White, Barbara Kessler, and Corrine Gay, as employees of said school district, Defendants. |
| Court | U.S. District Court — District of Kansas |
Fred W. Rauch, Jr., Fred W. Rauch, Jr., Chtd., Topeka, KS, for Plaintiffs.
A. J. Wachter, William B. Wachter, Wilbert & Towner, P.A., Pittsburg, KS, Robert L. Bezek, Jr., Bezek, Lowry & Hendrix, Ottawa, KS, Donald C. Bollard, III, Sherman, Taff & Bangert, P.C., Overland Park, KS, R. Michael Steele, Kansas City, MO, for Defendants.
The case comes before the court on the motion for summary judgment or in the alternative to dismiss (Dk.14) filed by the defendants' Betty Gates, Bill Oshel, Barbara Oshel, Mike Trendal, David White, Madlyn Adams, Charles Rutledge, Joyce White, Jack Dressler and Corrine Gay, and the motions for summary judgment (Dks. 34 and 37) filed by all defendants.1 The plaintiffs have filed a motion to amend the pretrial order to include a claim for improperly distributing the minor's educational records in violation of the Family Educational Right to Privacy Act ("FERPA") 20 U.S.C. § 1232(g), (Dk.52). The plaintiffs also have moved the court for oral argument on the defendants' motions for summary judgment. (Dk.53). The court denies the request for oral argument, as the parties have fully briefed the issues and oral argument is unlikely to assist the court.
As plainly stated in the amended final pretrial order, "[t]his is an educational discrimination case under the Americans [Individuals] with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400, et seq., and the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq." (Dk.44, p. 3). This action was brought on behalf of Rachel Eads, a seventh grade female student with juvenile diabetes. The plaintiffs allege the defendants failed to recognize that Rachel was a handicapped student by reason of her juvenile diabetes and to accommodate her accordingly. Specifically, the plaintiffs allege the defendants denied Rachel additional time to complete her class assignments, denied her homework in order to keep up with fellow students, ridiculed her before other students because of her disability, and displayed open animosity towards her. This environment contributed to the Rachel's inability to perform adequately at school and resulted in her forced withdrawal from public school.
A court grants a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure if a genuine issue of material fact does not exist and if the movant is entitled to judgment as a matter of law. The court is to determine "whether there is the need for a trial-whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will ... preclude summary judgment." Id. There are no genuine issues for trial if the record taken as a whole would not persuade a rational trier of fact to find for the nonmoving party. Matsushita Elec. Indust. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). "[T]here are cases where the evidence is so weak that the case does not raise a genuine issue of fact." Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988).
The initial burden is with the movant to "point to those portions of the record that demonstrate an absence of a genuine issue of material fact given the relevant substantive law." Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992). If this burden is met, the nonmovant must "`set forth specific facts' that would be admissible in evidence in the event of trial from which a rational trier of fact could find for the nonmovant." Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 671 (10th Cir. 1998). (citations omitted). "To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein." Id. The nonmovant's burden is more than a simple showing of "some metaphysical doubt as to the material facts," Matsushita, 475 U.S. at 586, 106 S.Ct. 1348. The court views the evidence of record and draws all reasonable inferences in the light most favorable to the nonmovant. Thomas v. International Business Machines, 48 F.3d 478, 484 (10th Cir.1995) (quoting Bacchus Industries, Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991)). "All material facts set forth in the statement of the movant shall be deemed admitted for the purpose of summary judgment unless specifically controverted by the statement of the opposing party." Vasquez v. Ybarra, 150 F.Supp.2d 1157, 1160 (D.Kan.2001) (); see also D.Kan. Rule 56.1(b)(1).
A party relying on only conclusory allegations cannot defeat a properly supported motion for summary judgment. White v. York Intern. Corp., 45 F.3d 357, 363 (10th Cir.1995). "It is well settled in this circuit that we can consider only admissible evidence in reviewing an order granting summary judgment." Gross v. Burggraf Constr. Co., 53 F.3d 1531, 1541 (10th Cir. 1995). It is not the form of the evidence that is dispositive, but rather "the content or substance of the evidence must be admissible." Thomas, 48 F.3d at 485.
More than a "disfavored procedural shortcut," summary judgment is an important procedure Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). At the same time, a summary judgment motion does not empower a court to act as the jury and determine witness credibility, weigh the evidence, or choose between competing inferences. Windon Third Oil and Gas v. Federal Deposit Ins., 805 F.2d 342, 346 (10th Cir.1986), cert. denied, 480 U.S. 947, 107 S.Ct. 1605, 94 L.Ed.2d 791 (1987).
1. At the time this action was filed in January of 2000, the plaintiff Victoria Rachel Eads ("Rachel") was a fourteen-year old female child. Rachel received educational services from Unified School District No. 289, ("District"), Franklin County, when she was twelve-years old and younger. Her parents are Suzie and Chris Eads.
2. Within an hour after receiving a telephone call on September 3, 1997, from the school nurse that her daughter might be diabetic, Suzie Eads sought medical care for her daughter, Rachel Eads. Rachel was hospitalized for approximately seven days beginning on September 3, 1997. Following her release from the hospital, Rachel remained at home for over one month.
3. Prior to Rachel's return to school on October 18, 1997, Rachel's parents met with Rachel's teachers and Randall Renaud, the District's principal of the Wellsville Junior/Senior High School.
4. Corrine Gray, the school nurse, prepared an "Individual Health Care Plan" for Rachel Eads that was dated October 14, 1997. The plan addresses the special health care needs in managing Rachel's diabetes mellitus. The plan discusses her dietary needs, blood glucose monitoring procedure and recording, the management of Rachel when she was hypoglycemic, the management of insulin, and other considerations regarding special treats, field trips, service providers and disposal of used sharps.
5. When she returned to school, Rachel went to the nurse's office to check her own blood sugar levels and to administer her own insulin shots. If the test revealed high blood sugar levels, then she would call her mother or try relaxing. If the test revealed low levels, she would drink some juice or eat a snack. The testing of her blood sugar levels required Rachel to leave some of her classes early and arrive late to others.
6. Rachel attended only fourteen days of school during the first quarter of 1997.
7. By letter dated December 15, 1997, Chris and Suzie Eads requested a Section 504 Plan of Accommodation for Rachel. The 504 proposal letter first requested the modification of "assignments and tests" in that Rachel's grades for the first and second quarters would be based on the work that she had completed and had been graded to date. As addressed first in the letter and explained later by Suzie Eads in her deposition, Rachel was still doing homework on school assignments she had missed because of her seven-week absence occurring two months ago. In the letter, Rachel's parents complained that certain teachers had not sent homework to Rachel during her absence even though the parents had made this request. "Homework given 5 to 6 weeks (math and english) after the fact shows a lack of caring and poor responsibility on the part of the teacher." (Dk.35, Doc. 11).
8. The Eads' 504 proposal letter next requested a modification of physical exercise ("P.E.") classes in that she would not write reports for missed activities but she would dress out for class so long as her blood sugar was not over 240 and so long as she ate a snack before exercise when her blood sugar was below 90.
9. The Eads' 504 proposal letter next...
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