Mr. J. v. Board of Educ., 3:98CV1502(RNC).
| Decision Date | 29 March 2000 |
| Docket Number | No. 3:98CV1531(RNC).,No. 3:98CV1502(RNC).,3:98CV1502(RNC).,3:98CV1531(RNC). |
| Citation | 98 F.Supp.2d 226 |
| Parties | MR. J., et al. v. BOARD OF EDUCATION, et al. |
| Court | U.S. District Court — District of Connecticut |
Dwight Schweitzer, W. Hartford, CT, for Plaintiff.
Susan Freedman, Shipman & Goodwin, Hartford, CT, for Defendant.
After review and absent objection, the recommended ruling is hereby approved and adopted.
Pending before this court are cross motions for summary judgment. For the reasons that follow, the undersigned recommends that the plaintiff's Motion for Summary Judgment (doc. # 43) be GRANTED in part, DENIED in part and the defendants' Motion for Summary Judgment (doc. # 40) be GRANTED in part, DENIED in part.
This is a consolidated action comprised of two cases that the plaintiff filed against the West Hartford Board of Education ("Board"), Alexander Nardone, who is the Director of Special Education for the Town of West Hartford and David P. Sklarz, the Superintendent of the West Hartford Schools. Both cases arise from an ongoing dispute concerning the plaintiff's son, "A." The central question in the litigation is whether the Board has provided A. with a free appropriate education in the least restrictive environment as required by the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq.
In the first case, docket number 3:98cv1502(RNC), the plaintiff appeals from a decision of an administrative due process hearing officer. The gravamen of the appeal is that the administrative hearing officer exceeded his authority in enforcing a settlement agreement.
In the second case, docket number 3:98cv1531 (RNC), the plaintiff seeks reimbursement for attorneys' fees and costs that he incurred in connection with the due process hearing.
Under the Individuals with Disabilities Education Act ("IDEA"), states that receive federal funding must provide disabled children with a "free appropriate public education." See 20 U.S.C. § 1412(a)(1). The "free appropriate public education" must include "special education and related services" that are tailored to meet the unique needs of each disabled child. See 20 U.S.C. 1401(a)(18). The IDEA defines "free appropriate public education" as one that provides "personalized instruction with sufficient support services to permit the child to benefit educationally from instruction" that is "formulated in accordance with the requirements of the Act." Board of Educ. of Hendrick Hudson Central School Dist. Westchester county v. Rowley, 458 U.S. 176, 203-04, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). A school district must provide as the "basic floor of opportunity ... access to specialized services which are individually designed to provide education benefit to the handicapped child." Rowley, 458 U.S. at 203, 102 S.Ct. 3034.
States must also ensure that when possible, disabled children are "mainstreamed" in the "least restrictive environment." Walczak v. Florida Union Free School Dist., 142 F.3d 119, 132 (2d Cir.1998). In other words, disabled children must be "educated with children who are not disabled." 20 U.S.C. § 1412(a)(5)(A). States must take care "that special classes, separate schooling or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." Id.
To comply with the IDEA, the state must determine the particular educational needs of each child and create an individual education plan ("IEP") which details the services to be provided to the child. See 34 C.F.R. §§ 300.343-.345. The IEP is designed by the student's Planning and Placement Team ("PPT"). See Conn. Gen. Stat. § 10-76ff. The team is comprised of the student's parents and representatives of the teaching, administrative and pupil services staff. See 34 C.F.R. §§ 300.344.
Parents who are not satisfied with their child's IEP may request an impartial due process hearing before the state educational agency. See Conn. Gen.Stat. § 10-76h. After the state educational agency issues a ruling, the parents may bring suit in state or federal court to review the agency's opinion. See Rowley, 458 U.S. at 206-207, 102 S.Ct. 3034; Mrs. B. v. Milford Bd. of Educ., 103 F.3d 1114, 1120 (2d Cir.1997). The agency's decision is subjected to an independent judicial review. See Rowley, 458 U.S. at 206, 102 S.Ct. 3034. This court may not, however, substitute its own notion of educational policy for that of the school authorities. See id. "While federal courts do not simply rubber stamp administrative decisions, they are expected to give due weight to these proceedings, mindful that the judiciary generally lack[s] the specialized knowledge and experience necessary to resolve persistent and difficult questions of education policy." Walczak v. Florida Union Free School Dist., 142 F.3d 119, 129 (quoting Rowley, 458 U.S. at 206, 102 S.Ct. 3034)(internal quotation marks omitted). "A court will fashion appropriate relief based upon its assessment of a preponderance of the evidence developed in the administrative proceedings...." Id. at 122.
The plaintiff's son, A., was born on October 16, 1983. (Board's Ex. 1). When he was 3½ years old, A.'s parents consulted a psychiatrist, Dr. James Black, because A. had behavioral problems. Dr. Black diagnosed A. with attention deficit hyperactivity disorder ("ADHD") and placed him on Ritalin. (Board's Ex. 3 and 4).
A. has attended a number of schools, both public and private. When he was four years old, A.'s parents placed him in the kindergarten class in the Bloomfield Early Education Program, a part of the Bloomfield Public School System. (Tr. 11/14/97, p. 134). The next school year, 1989-90, A. repeated kindergarten at the Renbrook School, a private day school selected by A.'s parents. He attended the Renbrook school for two years. (Tr. 11/14/97, pp. 139-140).
For the 1991-92 school year, A.'s parents removed him from Renbrook and placed him back in the Bloomfield Public School system. (Tr. 11/14/97, p. 142). In December of his second grade year, A. was referred to a PPT so that his need for special education could be assessed. The PPT recommended that an educational evaluation be performed. (Board's Ex. 11). The evaluation was conducted in January and February of 1992. Testing revealed a severe discrepancy between A.'s achievement and ability. (Board's Ex. 12).
In January 1992, A.'s parents began divorce proceedings. A.'s father reported that the divorce was hard on A. and caused him to feel more alienated and less secure. (Tr. 11/14/97, p. 157).
A.'s PPT met on February 18, 1992 to review the results of the evaluation. The PPT concluded that A. had a learning disability and required special education. The PPT recommended that A. be placed in a "resource room" for 2.5 hours a week, with the remainder of A.'s day to be spent in regular education. (Board's Ex. 17).
A. attended school in the Bloomfield Public School system for the remainder of his second and third grade years. (Tr. 11/14/97, pp. 146-47).
In 1993, when A. was in the fourth grade, he and his younger sister moved with their father to West Hartford. (Tr. 11/14/97, p. 148). The PPT recommended placement in the West Hartford Public School system.
At the beginning of A.'s fourth grade year, his school psychologist asked A.'s parents to meet with the Board's psychiatric consultant, who happened to be Dr. Black, the same psychiatrist who had been treating A. since he was 3½ years old. (Board's Ex. 39). In a report dated October 2, 1993, Dr. Black opined that A. was "experiencing a combination of clear-cut Attention Deficit features as well as pervasive authority testing, narcissistic posturing, non-compliance and general oppositional defiance of a passively resistant nature." (Board's Ex. 40). He recommended that A. continue in his placement in the West Hartford Public School system and continue with psychotherapy, with a focus on A.'s narcissistic sense of entitlement, his defiance of authority and self-esteem issues. (Id.) Dr. Black further recommended that A.'s parents and teachers provide him with a clear-cut structure and impose stricter adult controls. (Id.)
On November 15, 1993, A.'s PPT convened and asked A.'s father for his consent to conduct evaluations of A.'s intelligence, personality and behavior. (Board's Ex. 45). A.'s father consented and in January 1994, Todd Fine, the school psychologist, conducted the evaluation. (Board's Ex. 49). He noted that A. was a "loner," that he avoided group activities and that his transition into the West Hartford school had been difficult. (Id.) Mr. Fine reported that A. was capable of completing basic math and English assignments, but that his efforts were erratic, he was unfocused and had increasing behavioral problems in school. (Id.) Tests revealed that "there was a statistically significant difference between A.'s verbal and performance scores." (Id.) Additional testing revealed that A. was "an anxious, passive/aggressive boy" who "evidenc[ed] some underlying depression and has serious parental issues to resolve." (Id.) The evaluation confirmed the earlier finding that A. had a learning disability and a manipulative style of interaction with adults and peers. (Id.) The psychologist recommended that the evaluation be provided to the PPT so that an appropriate educational program could be designed, that A.'s family pursue counseling, and that the school provide A. with support to help him deal with social skills and behavioral issues. (Id.)
Another PPT meeting was convened on June 13, 1994. A.'s progress was discussed. The PPT learned that A. was engaging in behavior to avoid school work and that he...
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