Greenbush School Committee v. Mr. and Mrs. K, Civil No. 95-199-B.

• Decision Date: 30 December 1996
• Docket Number: Civil No. 95-199-B.
• Citation: 949 F.Supp. 934
• Parties: GREENBUSH SCHOOL COMMITTEE, Plaintiff, v. MR. AND MRS. K, on their own behalf and on behalf of their minor son, JK, and Wayne L. Mowatt, in his official capacity as Commissioner of the Maine Department of Education, Defendants.
• Court: U.S. District Court — District of Maine

949 F.Supp. 934

GREENBUSH SCHOOL COMMITTEE, Plaintiff, v. MR. AND MRS. K, on their own behalf and on behalf of their minor son, JK, and Wayne L. Mowatt, in his official capacity as Commissioner of the Maine Department of Education, Defendants.

Civil No. 95-199-B.

United States District Court, D. Maine.

December 30, 1996.

COPYRIGHT MATERIAL OMITTED

Eric Herlan, Drummond, Woodsum, Plimpton & MacMahon, Portland, ME, for Plaintiff.

Cindy and James King, Greenbush, ME, pro se.

Dennis M. Doiron, Attorney General's Office, Augusta, ME, for Defendant Mowatt.

ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

Plaintiff, the Greenbush School Committee (hereinafter "Greenbush"), challenges the decision of the Education Hearing Officer (hereinafter "Hearing Officer") as to the proper placement of the Defendant, James King III, and names Wayne Mowatt, the Commissioner of the Maine Department of Education as a Defendant. Plaintiff asserts that the Hearing Officer exceeded his authority and thus violated the Individuals with Disabilities Education Act (hereinafter "IDEA" or "the Act"), 20 U.S.C. §§ 1400-1491, and Maine law, 20-A M.R.S.A. §§ 7001-8101.

In accordance with the appropriate standard of review, the Court affirms the decision of the Hearing Officer. The State Defendant is dismissed from the case.

I. Background

This case involves the education of Defendant, James King III (hereinafter "James"), the son of Defendants Cindy and James King. The Defendants reside in Greenbush, Maine. At the time briefs were filed in this case, James was eleven years old. James has a learning disability that qualifies him for special education services under IDEA.

James attended the Helen S. Dunn School (hereinafter "Dunn"), a public school serving kindergarten through eighth grade children in Greenbush. The conflicts that give rise to this case reached a critical stage in March of 1994, James's third grade year. It was in March when James's parents requested that their son be removed from the Greenbush school. They believed the administration, teachers, students, and even James's bus driver were harassing their son to an extent that the environment at Dunn could not provide James with an adequate education.

The school did not agree that James should be transferred to a different school, however, it did give James special tutoring in the superintendent's office until further evaluation of James's special needs could be undertaken. James's tutoring continued for the remainder of the 1994 school year. A new individualized education plan (hereinafter "IEP") was developed for James's fourth grade year at Dunn. In late August or early September 1994, James's parents took him out of Dunn in favor of a home schooling curriculum. In March 1995, the Kings informed Greenbush that James no longer was being home schooled and again requested that James be allowed to attend a different public school. The parents asked that James attend the East Corinth school system, which is approximately thirty miles away from Greenbush. Greenbush again denied the parents' request.

Defendants next requested an administrative due process hearing as provided under IDEA. In preparation for this hearing, Greenbush developed a new IEP for James's 1995-1996 school year. Under the new plan, James would remain at Dunn. This new IEP also called for a combination of special education services as well as participation in the regular fifth grade curriculum with James's peers, who are not learning disabled. The plan also implemented the talents of Dr. Norman Worgull, a psychologist who evaluated James's special needs and apparently had obtained the respect and confidence of the King family. Dr. Worgull was to serve as a liaison between the King family and the school. Greenbush also developed a complaint process through which the school would investigate any incidents arising between James and his peers or teachers. Greenbush argued before the Hearing Officer, and continues to argue here, that turnover in Dunn personnel, including the principal of the school, with whom the Kings had significant disagreements, makes it more likely that the Kings and the school can work cooperatively to educate James. Greenbush also was willing to provide the Kings with the enrollment lists for Dunn's two fifth grade classes and allow the parents to choose which class James would attend. This was an attempt by the school to minimize James's contact with the students who were harassing him.

The due process hearing was held on July 17 and July 28, 1995. The issue for hearing was "[c]an James King III receive an appropriate education in the Greenbush School Department." Hearing Officer Decision, slip op. at 3. The Hearing Officer concluded that even with the changes in Dunn's staff, the long standing negative feelings that the Kings have toward the school will "negate the beneficial effects of [James's] educational program if it is implemented" at Greenbush in the Dunn building. Id. at 4-5.

I am left to conclude that [James] must have his IEP implemented at a location other than Helen S. Dunn School as my focus must be to ensure that [James] receives an education which is of benefit to him.

Id. at 5.

The Hearing Officer ordered that Greenbush implement James's 1995/1996 IEP at a school other than Dunn. Choice of the new school was left to the discretion of the Greenbush administration, however, Greenbush was required to consider three factors in making the new placement: first, the time and distance which James must travel; second, the availability of existing transportation; and third, the willingness of the receiving building and school department. Id. The Hearing Officer's decision also allowed Greenbush to end the new placement at any time if it feels that parental support for the new placement deteriorates to the point where the benefit to James's education is lost. Id. If Greenbush determines that such parental support no longer exists, James must return to Dunn. Id.

Greenbush filed this case challenging the Hearing Officer's determination. During the pendency of this action, Greenbush has complied with the Hearing Officer's Order as required by law. See School Committee of the Town of Burlington v. Department of Education for the Commonwealth of Massachusetts, 471 U.S. 359, 371-372, 105 S.Ct. 1996, 2003-2004, 85 L.Ed.2d 385 (1985).

In addition to the Kings, Greenbush named Wayne L. Mowatt, the Commissioner of the Maine Department of Education, as a Defendant in this action. Greenbush claims the joinder of the Department of Education is necessary on the unlikely contingency that the local education agency is unable to carry out the Court's Order. The Department of Education claims that it should be dismissed from the case because the state has taken no action against Plaintiff for which relief can be granted, and there is no basis for injunctive relief against the state. The Department of Education claims that it is required by the State's enforcement obligations under IDEA to implement the Court's Order. The Department of Education also argues that the Hearing Officer's determination was proper.

II. Standard of Review

The Court's review of the Hearing Officer's decision in this case falls between de novo and clear error review. See, e.g., Lenn v. Portland School Committee, 998 F.2d 1083, 1086 (1st Cir.1993); Brougham by Brougham v. Town of Yarmouth, 823 F.Supp. 9, 14 (D.Me.1993). Many courts in various circuits, including the First Circuit, have noted that judges are not trained as educators. The statutory scheme of IDEA requires district courts to give due weight to the state administrative decisions in IDEA cases so that judges are not "imposing their view of preferable educational methods upon the states." Hendrick Hudson Board of Education v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 3051, 73 L.Ed.2d 690 (1982); see also Roland M. v. Concord School Committee, 910 F.2d 983, 989 (1st Cir.1990), cert. denied, 499 U.S. 912, 111 S.Ct. 1122, 113 L.Ed.2d 230 (1991); Board of Education of Community Consolidated School District No. 21 v. Illinois State Board of Education, 938 F.2d 712, 715 (7th Cir.1991), cert. denied, 502 U.S. 1066, 112 S.Ct. 957, 117 L.Ed.2d 124 (1992).

The law dictates that the district court:

... shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.

20 U.S.C. § 1415(e)(2). The First Circuit has characterized the district court's role as one of "involved oversight." See Roland M., 910 F.2d at 989.

"[T]he Act contemplates that the source of the evidence generally will be the administrative hearing record, with some supplementation at trial," and obligates the court of first resort to assess the merits and make an "independent ruling based on the preponderance of the evidence."

Id. (quoting Town of Burlington v. Department of Education for the Commonwealth of Massachusetts, 736 F.2d 773, 790 (1st Cir. 1984), aff'd, 471 U.S. 359, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985)).

The Court's standard of review can be synthesized as follows. First, the Court carefully reviews the entire record of the due process hearing. Second, appropriate deference is given the Hearing Officer and his expertise, particularly with regard to factual determinations. Finally, the Court makes an independent decision whether the Hearing Officer's determination is supported by a preponderance of the evidence. The Court may also account for additional facts presented by the parties should it find such facts credible and supported by the evidence on the record. See 20 U.S.C. § 1415(e)(2).

III. Due Process Hearing

A. Legal Background

Should it wish to qualify for federal funding under IDEA, a state must provide all children with disabilities a "free appropriate public education." 20 U.S.C....