Grymes v. Madden, 81-1809
| Decision Date | 08 February 1982 |
| Docket Number | No. 81-1809,81-1809 |
| Citation | 672 F.2d 321 |
| Parties | 3 Ed. Law Rep. 238 John M. GRYMES and Joyce M. Grymes on their own behalf and as parents and next friends of James Grymes, a minor, Appellees, v. Kenneth C. MADDEN, individually and as Superintendent of Public Instruction and Secretary of the State Board of Education, the State Board of Education, Albert H. Jones, President; Richard M. Farmer, Vice-President; Robert W. Allen, Harry Camper, Elise Grossman, Kenneth Hilton, and Raymond Tomasetti, members of the State Board of Education, individually and in their official capacities, Dr. Carroll W. Biggs, individually and as Superintendent of the New Castle County School District, Gilbert S. Scarborough, Jr., President; William H. Clark, Vice-President; Mary Divirgilio, Earl J. Reed, Jr. and James H. Sills, Jr., members of the New Castle County School Board, individually and in their official capacities, the New Castle County School Board, and the New Castle County School District, State Board of Education, Appellants. |
| Court | U.S. Court of Appeals — Third Circuit |
Brian J. Hartman (argued), Community Legal Aid Society, Inc., Wilmington, Del., for appellees.
Roger A. Akin (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellants.
Before ADAMS, GIBBONS, and GARTH, Circuit Judges.
On this appeal, the Delaware State Board of Education maintains that the district court erred in awarding John and Joyce Grymes full tuition reimbursement for the education of their son, James, in a private school for learning-disabled students during the pendency of their claim under The Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq. The State Board also challenges the district court's conclusion that service by an employee of the State Department of Public Instruction as a State Level Review Officer under the Act is per se a denial of the impartial review guaranteed by 20 U.S.C. § 1415(c). We reject both contentions and affirm the judgment of the district court.
During the 1977-78 school year the local school district and the State Board, after local and state level hearings, declared James Grymes ineligible for financial assistance to attend the Beechwood School, a private educational institution. In February 1978, Mr. and Mrs. Grymes received an award of partial tuition for the cost of the public education James could have received, but pursued their administrative and judicial remedies for an award of full tuition. In a suit brought before the district court, Grymes v. Madden, --- F.Supp. ----, 3 EHLR 552:183 (D.Del.1979) (Grymes I), the trial judge awarded the Grymeses an amount equal to full tuition because the local school district had failed to sustain its burden of proof that an appropriate public program existed.
During the pendency of Grymes I and prior to the beginning of the 1978-79 school year, the local school district proposed to change James's placement to a public school in the district. The Grymeses rejected the proposal and again sought administrative relief. In the course of the administrative proceedings the local school district and the State Board withdrew all public funding for James's private school education. During 1978-79, Mr. and Mrs. Grymes paid the private school tuition for their son in order to ensure that he would continue to be enrolled. After completing the state level administrative hearings as well as appeals, the Grymeses took an appeal...
To continue reading
Request your trial
-
Town of Burlington v. Department of Educ. for Com. of Mass.
...the findings and decision of the agency. Mazaleski v. Treusdell, 562 F.2d 701, 717 n. 38 (D.C.Cir.1977). But see Grymes v. Madden, 672 F.2d 321, 322 (3d Cir.1982) (EAHCA appeal). This allocation of proof is justified because it structurally assists courts in according the administrative age......
-
Rollison v. Biggs
...agreed to settle the action due to the holdings in Grymes v. Madden (Grymes II), No. 78-105 (D.Del. Jan. 7, 1981), aff'd, 672 F.2d 321 (3d Cir.1982). In Grymes II the court held that the state must provide interim funding pursuant to section 1415(e) of the EAHCA for private placement during......
-
Muth v. Central Bucks School Dist.
...have concluded that employees of a state educational agency may not be appointed to conduct an impartial review. In Grymes v. Madden, 672 F.2d 321, 323 (3d Cir.1982), this court held that service as state-level review officers by employees of the Delaware State Department of Public Instruct......
-
Lascari v. Board of Educ. of Ramapo Indian Hills Regional High School Dist.
...demonstrating that the proposed placement was reasonably calculated to enable child to receive educational benefits); Grymes v. Madden, 672 F.2d 321, 322 (3rd Cir.1982) (accepting district court's decision that the district had "failed to sustain its burden of proof that an appropriate publ......