Fort Zumwalt School Dist. v. Clynes
| Decision Date | 30 September 1997 |
| Docket Number | 96-2504,Nos. 96-2503,s. 96-2503 |
| Citation | 119 F.3d 607 |
| Parties | 120 Ed. Law Rep. 112, 24 A.D.D. 250 FORT ZUMWALT SCHOOL DISTRICT, Appellant/Cross-Appellee, v. Robert CLYNES; Ann Clynes, as Parents and Next Friends of Nicholas Clynes, Appellee/Cross-Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Teri B. Goldman (argued), St. Louis, MO, for Appellant/Cross-Appellee.
Michael H. Finkelstein (argued), Jefferson City, MO, for Appellee/Cross-Appellant.
Before FAGG, FLOYD R. GIBSON, and MURPHY, Circuit Judges.
This case involves competing interests under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1499. Robert and Ann Clynes sued the Fort Zumwalt public school district to obtain reimbursement for the cost of sending their son Nicholas to a private school for learning disabled children for the 1991-92 and 1992-93 school years. The district court awarded reimbursement to the Clynes, but denied their additional claims for damages and interest. Both sides appeal from the aspects of the judgment unfavorable to them. We affirm in part and reverse in part.
Nicholas Clynes was diagnosed with a learning disability in reading and math when he was in kindergarten at Hawthorne school, which is part of the Fort Zumwalt school district. The school responded by developing an individualized educational plan (IEP) each year as required by IDEA to set out a curriculum to address his disabilities. See 20 U.S.C. § 1414a(5). The IEPs placed Nicholas in a classroom for learning disabled students part of each school day for individualized instruction in reading and math, but he spent the rest of the day with non-disabled students. Nicholas attended Hawthorne from kindergarten through third grade, and each year the school altered the amount of specialized instruction he received in response to his needs.
Nicholas' parents attended meetings each year in which the IEPs were discussed. The school district provided the Clynes with a written explanation of their rights under IDEA, and Mrs. Clynes later testified that she had read this information. In May 1991, the Clynes met with district representatives to discuss the IEP for 1991-92. They expressed concern with their son's progress and the way his needs were being addressed at Hawthorne. They did not sign the IEP and told the district that they had enrolled Nicholas for summer school at Churchill, a private school for the learning disabled. Mrs. Clynes testified that she had indicated at the meeting that she preferred postponing any final decision on the IEP until "the first or second week of the fall, at that time I will have more information." The IEP itself stated that it would be reviewed in September.
During the summer of 1991 Nicholas was admitted by Churchill for the school year that would begin in the fall of 1991. In August the Clynes informed the school district that Nicholas was going to attend Churchill for the 1991-92 school year. He attended the school from the summer of 1991 through at least the spring of 1993.
IDEA requires that a disabled child be provided with access to a free appropriate public education. Board of Educ. v. Rowley, 458 U.S. 176, 203, 102 S.Ct. 3034, 3049, 73 L.Ed.2d 690 (1982). Parents who believe their child's education falls short of the federal standard may obtain a state administrative due process hearing, and in some cases may be awarded reimbursement to pay for private school costs. See 20 U.S.C. 1415(b)(2) (review process); School Comm. of Burlington, Mass. v. Department of Educ., 471 U.S. 359, 372, 105 S.Ct. 1996, 2003-04, 85 L.Ed.2d 385 (1985) (reimbursement). The final determination of the state administrative process may be appealed to federal district court, 20 U.S.C. 1415(e)(2), and that court is to make an independent decision of the issues based on a preponderance of the evidence, giving "due weight" to the state administrative proceedings. Rowley, 458 U.S. at 205-06, 102 S.Ct. at 3050-51. The level of deference accorded to the state proceedings is less than required under the substantial evidence test commonly applied in federal administrative law cases, but consideration should be given to the fact that the state hearing panel has had the opportunity to observe the demeanor of the witnesses. Independent Sch. Dist. No. 283 v. S.D., 88 F.3d 556, 561 (8th Cir.1996). Where there is a conflict between the findings and conclusions of the hearing panel and the final reviewing officer, a court may choose to credit the hearing panel's findings based on observation of the witnesses and reject the reviewing officer's analysis if it does not appear to give sufficient weight to the views of the professional educators. See id. Finally, courts are not to "substitute their own notions of sound educational policy for those of the school authorities which they review." Rowley, 458 U.S. at 206, 102 S.Ct. at 3051.
The Clynes invoked the administrative process to seek reimbursement for the cost of sending Nicholas to Churchill for the 1991-92 and 1992-93 school years. At the state hearing, both sides presented testimony and offered documentary evidence, and the hearing panel, composed of two educators and a lay person, applied the federal legal standard under IDEA. The panel denied the Clynes' claim for reimbursement for both school years, concluding that Nicholas had been making progress at Hawthorne, his disability did not warrant complete segregation from non-disabled students, and the school district was prepared to provide a free adequate public education to Nicholas.
The Clynes appealed this decision to a state level review officer (SLRO). The SLRO stated that it was not clear that the hearing panel had determined whether the education offered to Nicholas by the district was appropriate and that the panel had improperly placed the burden on the Clynes to show that their son was regressing at Hawthorne. The SLRO inferred that the district had not offered an adequate education program for 1991-92 because the panel had proposed significant changes in the 1992-93 IEP as a result of Nicholas' experience at Churchill. The SLRO described the prior IEPs as "hit and miss" and as not having produced a demonstrable plan of progress. He believed the district had not identified problem areas or applied appropriate resources in order to achieve satisfactory results and that it had not explained why Nicholas' performance is "the best that can be expected from him." The SLRO reversed the hearing panel decision with regard to the 1991-92 school year and ordered reimbursement through the end of October 1992. 1 Reimbursement beyond that time would only be available if the Clynes could demonstrate that they had been required to pre-pay tuition at Churchill without the right of refund.
The school district appealed the SLRO's decision to federal court. After a hearing the district court awarded reimbursement to the Clynes for both the 1991-92 and 1992-93 school years, as well as the 1991 summer school session. The court concluded that the 1991-92 IEP had not offered Nicholas a free appropriate public education and that Nicholas' education at Churchill complied with IDEA. It examined Nicholas' grades, test scores, and advancement from grade to grade at Hawthorne and found that Nicholas had not benefited "sufficiently" from his education there and that the 1991-92 IEP was inadequate. The IEP merely increased Nicholas' time in the learning disabled classroom and continued the past methods of teaching him to read, but it did not sufficiently address his needs or his behavioral problems. The court also believed the 1992-93 IEP did not comply with IDEA requirements because it did not offer appropriate reading instruction, was not designed to enable Nicholas to "recognize and accept his learning disabilities," and did not offer a completely segregated environment, which the court believed was the only appropriate environment for him. It primarily based its order of reimbursement for the 1992-93 school year, however, on the fact that the IEP had not been developed until after Nicholas had started the year at Churchill, and the Clynes had contracted to pay for the entire year.
Whether a school district has offered a free appropriate public education is a mixed question of fact and law and the district court's ultimate determination is reviewed de novo. Capistrano Unified Sch. Dist. v. Wartenberg, 59 F.3d 884, 891 (9th Cir.1995) Hampton Sch. Dist. v. Dobrowolski, 976 F.2d 48, 52 (1st Cir.1992); but see Doyle v. Arlington County Sch. Bd., 953 F.2d 100, 105 (4th Cir.1991) (). The standard of review in this circuit is de novo as to the ultimate finding of the district court. See Petersen v. Hastings Pub. Sch., 31 F.3d 705, 707-08 (8th Cir.1994).
IDEA requires a school district to offer an educational program "reasonably calculated to enable the child to receive educational benefits." Petersen, 31 F.3d at 707 (quoting Rowley, 458 U.S. at 206-07, 102 S.Ct. at 3050-51). Parents who believe their child will not receive an educational benefit under an IEP may enroll the child in a private school and later obtain reimbursement for those costs if a federal court concludes (1) the school district did not offer a free appropriate public education; and (2) the private school placement complied with IDEA. Florence County Sch. Dist. Four v. Carter, 510 U.S. 7, 13-14, 114 S.Ct. 361, 365-66, 126 L.Ed.2d 284 (1993). Parents who enroll their child in private school without the approval of the public school district do so with the risk they will not receive reimbursement for their costs. School Comm. of Burlington, 471 U.S. at 373-74, 105 S.Ct. at 2004-05; Florence County, 510 U.S. at 15, 114 S.Ct. at 366.
The goal of IDEA is to provide access to public...
To continue reading
Request your trial
-
JL v. FRANCIS HOWELL R-3 SCHOOL DIST.
...that a school either maximize a student's potential or provide the best possible education at public expense. Fort Zumwalt Sch. Dist. v. Clynes, 119 F.3d 607, 612 (8th Cir.1997). The Act requires only that a student receive sufficient specialized services to benefit from his education. Id. ......
-
Banwart v. Cedar Falls Cmty. Sch. Dist.
...educators are also entitled to weight in determining whether an IEP or placement was appropriate. See Fort Zumwalt Sch. Dist. v. Clynes , 119 F.3d 607, 610 (8th Cir. 1997) ("[A] court may choose to credit the hearing panel's findings based on observation of the witnesses and reject the revi......
-
Moubry v. Independent School Dist. 696, Ely, Minn.
...§ 1400(c); see also, Board of Educ. v. Rowley, 458 U.S. 176, 203, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982); Fort Zumwalt Sch. Dist. v. Clynes, 119 F.3d 607, 610 (8th Cir.1997), cert. denied, ___ U.S. ___, 118 S.Ct. 1840, 140 L.Ed.2d 1090 (1998). The purpose of the IDEA is to facilitate the pro......
-
Neosho R-V School Dist. v. Clark
...that a school either maximize a student's potential or provide the best possible education at public expense." Fort Zumwalt Sch. Dist. v. Clynes, 119 F.3d 607, 612 (8th Cir.1997), cert. denied, 523 U.S. 1137, 118 S.Ct. 1840, 140 L.Ed.2d 1090 (1998). Instead, the requirements of the IDEA "ar......
-
Individuals With Disabilities Education Act - the Right 'idea' for All Childrens' Education
...1995). For cases involving younger students agreeing less restrictive environment is appropriate see Ft. Zumwalt Sch. Dist. v. Clynes, 119 F.3d 607 (8th Cir. 1997); Oberti v. Bd. of Educ. of Clementon Sch. Dist., 995 F.2d 1204 (3rd Cir. 1993); Sacramento City Unified Sch. Dist. v. Holland, ......