Estate of Lance v. Lewisville Indep. Sch. Dist.

• Decision Date: 28 February 2014
• Docket Number: No. 12–41139.,12–41139.
• Citation: 743 F.3d 982
• Parties: ESTATE OF Montana LANCE; Jason Lance; Deborah Lance, Plaintiffs–Appellants v. LEWISVILLE INDEPENDENT SCHOOL DISTRICT, Defendant–Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

743 F.3d 982

ESTATE OF Montana LANCE; Jason Lance; Deborah Lance, Plaintiffs–Appellants

v.LEWISVILLE INDEPENDENT SCHOOL DISTRICT, Defendant–Appellee.

No. 12–41139.

United States Court of Appeals,Fifth Circuit.

Feb. 28, 2014.

Martin J. Cirkiel, Cirkiel & Associates, P.C., Round Rock, TX, Steven Gregory White, Esq., Ryan Charles Johnson, Esq., Beard Kultgen Brophy Bostwick Dickson & Squires, L.L.P., Waco, TX, for Plaintiff–Appellant.

Thomas Phillip Brandt, Laura Dahl O'Leary, Joshua Alan Skinner, Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Defendant–Appellee.

Sasha M. Samberg–Champion, Esq., U.S. Department of Justice, Washington, DC, Lisa A. Brown, Esq., Amber K. King, Thompson & Horton, L.L.P., Houston, TX, Francisco Maria Negron, Jr., General Counsel, National School Boards Association, Alexandria, VA, for Amicus Curiae.

Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

When he was in the fourth grade, Montana Lance locked himself inside of the school nurse's bathroom and took his own life. Montana was a special-needs student, and Montana's parents sued the Lewisville Independent School District (the “School District”) alleging, among other claims, that the School District violated Montana's constitutional rights under 42 U.S.C. § 1983 and discriminated against him because of his disabilities under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The district court granted summary judgment, and because the evidence does not create a genuine issue of material fact as to these claims, we AFFIRM.

FACTS AND PROCEEDINGS

The School District holds an Admission, Review, and Dismissal committee (“ARD”) meeting to decide whether a student qualifies for special education services under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400–1482 (2012). The ARD found that Montana qualified for special services under IDEA to accommodate his speech impediment (a lisp), learning disability (Attention Deficit Hyperactivity Disorder), and, eventually, his emotional disturbance. Accordingly, the ARD developed an Individual Education Plan (“IEP”) and a Behavioral Improvement Plan (“BIP”) for Montana while he attended Stewart's Creek Elementary School (“Stewart's Creek”). Beginning when Montana was in kindergarten, Stewart's Creek provided Montana speech therapy, dyslexia services, and counseling.¹ Montana was troubled, and when he was in second grade his mother informed a teacher that “he was making verbal statements about hurting himself at home.” Accordingly, the ARD requested that Montana undergo a full psychological evaluation. A psychologist reviewing Montana's test results concluded that Montana should be identified as “Emotionally Disturbed.”

Montana's peers picked on him at school. One documented altercation took place on November 4, 2009 when “[a] student verbally provoked (or tried to) Montana.”“Montana responded ‘I'm not afraid of you,’ ” pushed the student, and the student then “pushed Montana into a stack of chairs.” In another altercation on December 18, 2009, Montana pulled out a pocketknife. Montana was playing outside when, according to Montana, another student told him to stop playing like a ninja. Montana told this student that he was a “bully.” A second student then said “beat [Montana] up again” and the first student picked up Montana and moved him. Montana explained, “I just pulled out my knife, but I didn't know it was there.”

In response to the December incident, the School District placed Montana in the Disciplinary Alternative Education Program (“DAEP”) for ten days. Montana's mother wrote the principal a letter arguing that the ten-day transfer was too harsh: “Montana was being bullied by other students and felt fearful. The other students actually picked Montana off of his feet.” Mrs. Lance also wrote the Superintendent, explaining that Montana liked DAEP because “he has not experienced the hazing and bullying from the other students in contrast to the experiences he has at his home campus [at Stewart's Creek].” Accordingly, Mrs. Lance wrote, “I am concerned that this is more of a reward to my child than a punishment.” The School District reduced Montana's time in DAEP to eight days.

On January 4, 2010, Montana began his time at DAEP and met with a school psychologist, Dr. Kelly Lawrence, for individual counseling. On January 12, 2010, Montana told his DAEP teacher that “he wanted to kill himself.” Counselor Mike Riek met with Montana and notified Mr. Lance that Montana had made suicidal statements. Riek concluded that the “lethality” of Montana's statements was low. The Lances arranged for Montana to meet with psychologist Katie Besly. On January 18, 2010, Besly met with Montana. Besly testified that Montana “did not give any indication that he was intending to end his life.” On January 19, 2010, Montana returned to Stewart's Creek. On January 21, 2010, Montana and classmates had another altercation. According to a classmate, Montana was in the breakfast line and “he was called a name.” Montana “told the bullies to stop it, and he was shoved into the rods.” Montana “stormed off and sat by himself at an empty table.” Later in the day a substitute teacher sent Montana and his classmate to the office for “talking” and “using profanity.” Montana then met with the assistant principal, Amy Teddy.

As required of all students who are sent to the office, Montana was allowed to use only the nurse's bathroom. Montana was using the nurse's bathroom when a significant amount of time passed. The nurse checked on Montana, and he said “he'd be right out,” but Montana soon stopped responding to the nurse's inquiries. The nurse did not have a key to unlock the door and called the custodian. The custodian did not have a key either. The custodian then opened the door with a screwdriver. Upon entering the bathroom, the nurse and custodian found Montana hanging from his belt, which was secured to a metal rod in the ceiling. Montana had no pulse and was pronounced dead upon arrival at the hospital.

The Lances sued the School District, alleging claims under § 1983, § 504, and Texas law. The School District moved to dismiss the Lances' § 1983 claims and claims for punitive damages. The magistrate judge recommended denying the School District's motion to dismiss the Lances' § 1983 claims based on a “special-relationship theory” but recommended dismissing the Lances' § 1983 claims based on a “state-created danger” theory and dismissing the Lances' claims for punitive damages. The district court adopted the report and recommendation. The School District then filed, among other motions, motions for summary judgment on the Lances' § 504 claims and special-relationship based § 1983 claims. The magistrate judge recommended, among other things, granting the School District's summary-judgment motions. The district court overruled the parties' objections and adopted the report and recommendation. The Lances timely appealed.

STANDARDS OF REVIEW

“We review a grant of summary judgment de novo, viewing all evidence in the light most favorable to the nonmoving party and drawing all reasonable inferences in that party's favor.” Pierce v. Dep't of the U.S. Air Force, 512 F.3d 184, 186 (5th Cir.2007). Summary judgment is proper if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).

ANALYSIS

The Lances argue that they have raised fact issues as to their § 504 claims and their § 1983 claims.

I.

The Lances' disability discrimination claims implicate three sources of federal law: IDEA, the Americans with Disabilities Act (“ADA”), and § 504. These statutes form a triptych in the school setting, guiding school administrators on how to best serve special-needs students.

A.

“IDEA requires states and local educational agencies receiving federal IDEA funds to make a [free appropriate public education] available to children with certain disabilities between the ages of 3 and 21.” Pace v. Bogalusa City Sch. Bd., 403 F.3d 272, 290–91 (5th Cir.2005) (en banc). Specifically, IDEA requires each federally funded school district to:

(1) provide each disabled child within its jurisdictional boundaries with a “free appropriate public education” [a “FAPE”] tailored to his unique needs, and (2) assure that such education is offered, to the greatest extent possible, in the educational “mainstream,” that is, side by side with non-disabled children, in the least restrictive environment [the “LRE”] consistent with the disabled student's needs.

Cypress–Fairbanks Indep. Sch. Dist. v. Michael F., 118 F.3d 245, 247 (5th Cir.1997) (footnote omitted); 20 U.S.C. §§ 1400(d)(1)(A), 1412(5). To achieve these goals, school districts—through an ARD—must implement an IEP, which is “a written statement prepared at a meeting attended by a qualified representative of the school district, a teacher, the child's parents or guardians, and when appropriate, the child himself.” Cypress–Fairbanks, 118 F.3d at 247. An IEP need not “maximize the child's educational potential”; it “guarantees only a basic floor of opportunity for every disabled child, consisting of specialized instruction and related services which are individually designed to provide educational benefit.” Id. at 247–48 (internal quotation marks omitted); see also Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist., Westchester Cnty. v. Rowley, 458 U.S. 176, 203–04, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). The IEP process is a collaborative effort, and the student's parents are guaranteed procedural safeguards to ensure their involvement in the creation and implementation of their child's IEP. See, e.g.,20 U.S.C. §§ 1400(d)(1)(B) (“The purposes of this chapter are ... to ensure that the rights of children with disabilities and parents of such children are protected.”), 1414(c)(3), 1415(a).

Section 504 is an antidiscrimination stat...