Mrs. B. v. Milford Bd. of Educ.

• Decision Date: 10 January 1997
• Docket Number: No. 1634,D,1634
• Citation: 103 F.3d 1114
• Parties: 115 Ed. Law Rep. 324, 19 A.D.D. 750 MRS. B., on her Behalf and as a mother and guardian of M.M., Plaintiff-Appellee, v. MILFORD BOARD OF EDUCATION and Mary Jo Kramer, Superintendent of Schools, Milford Public Schools, Defendants-Appellants. ocket 95-9110.
• Court: U.S. Court of Appeals — Second Circuit

Page 1114

103 F.3d 1114

115 Ed. Law Rep. 324, 19 A.D.D. 750

MRS. B., on her Behalf and as a mother and guardian of M.M Plaintiff-Appellee, v. MILFORD BOARD OF EDUCATION and Mary Jo Kramer Superintendent of Schools, Milford Public Schools Defendants-Appellants.

No. 1634, Docket 95-9110.

United States Court of Appeals Second Circuit.

Argued May 9, 1996.

Decided Jan. 10, 1997.

Richard J. Buturla, Milford, CT (Marsha Belman Moses, Berchem, Moses & Devlin, P.C., Milford, CT, of counsel), for Defendants-Appellants.

Anne L. Blanchard, Willimantic, CT (Douglas M. Crockett, Mary Jean Schierberl, Connecticut Legal Services, Inc., Willimantic, CT, of counsel), for Plaintiff-Appellee.

Before: CARDAMONE, ALTIMARI and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Defendants filed this appeal from a final judgment entered in the United States District Court for the District of Connecticut (Squatrito, Judge ), holding them responsible for payment of all costs associated with plaintiff's daughter's placement in a private residential treatment facility under the Individuals with Disabilities Education Act ("IDEA" or "the Act"), 20 U.S.C. §§ 1401-1485. After exhausting her administrative remedies in a state due process hearing, plaintiff filed suit in district court pursuant to 20 U.S.C. § 1415(e)(2). Plaintiff claimed that defendants' refusal to pay all costs associated with her daughter's residential placement violated, inter alia, the IDEA in that it deprived her daughter, M.M., of a free public education appropriate for M.M.'s special needs. Plaintiff filed a motion for summary judgment, which the court partially granted. We affirm.

I. BACKGROUND

A. The Statutory Scheme

This case involves the nature of a state's obligations under the IDEA to pay for a child with emotional and educational disabilities to reside at a private treatment facility. The IDEA is "an ambitious federal effort to promote the education of handicapped children." Board of Educ. v. Rowley, 458 U.S. 176, 179, 102 S.Ct. 3034, 3037, 73 L.Ed.2d 690 (1982) (interpreting the Education for All Handicapped Children Act ("EAHCA"), subsequently amended and renamed the IDEA). Such children include, among others, those with "serious emotional disturbance[s]" and "specific learning disabilities." 20 U.S.C. § 1401(a)(1)(A)(i); see also Rowley, 458 U.S. at 181, 102 S.Ct. at 3037-38.

To receive federal funds under the Act, a state must, among other things, put in place an approved plan to implement a "policy that assures all children with disabilities the right to a free appropriate public education." 20 U.S.C. § 1412(1), (2). A "free appropriate public education" must include "special education and related services" tailored to the individual needs of the child, pursuant to an individualized education program ("IEP"). Id. § 1401(a)(18). The IEP is a written program of instruction developed for the child by the local educational agency, the child's teacher, the child's parents or guardians, and, where appropriate, the child. Id. § 1401(a)(20).

The Act mandates that the "special education" developed for a child in an IEP must be "specially designed instruction, at no cost to parents or guardians, [that] meet[s] the unique needs of a child with a disability, including--(A) instruction conducted in the classroom, in the home, in hospitals and institutions and in other settings; and (B) instruction in physical education." Id. § 1401(a)(16). The Act defines the "related services" that may be a necessary part of an IEP to include "transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education...." Id. § 1401(a)(17).

A child's parents must be notified regarding any proposed change in a child's educational program. Id. § 1415(b)(1)(C). If a child's parents are dissatisfied with an IEP, or anything related to the child's education, they may file a complaint with the state educational agency. Id. § 1415(b)(1)(E). Such complaints must be resolved at an "impartial due process hearing." Id. § 1415(b)(2), (c). Any party aggrieved by the outcome of the state administrative proceeding may bring an action in any state or federal court of competent jurisdiction. Id. § 1415(e)(2). A court reviewing the findings and conclusions reached in a state administrative proceeding must base its decision on the preponderance of the evidence, after reviewing the administrative record and any additional evidence presented. Id. § 1415(e)(2).

B. M.M.'s Disabilities and Educational Progress

M.M. is a seventeen-year-old girl who is eligible for special education services under the IDEA due to an identified learning disability. She has been enrolled in special education programs ever since her problems were first identified by her preschool teacher. M.M. also suffers from serious social and emotional problems that greatly impair her ability to learn. These problems include hyperactivity, an inability to interact with others, and lack of self-confidence.

Beginning in 1986, at the age of seven, M.M. exhibited distracted and erratic behavior. A psychologist observed that, although of average intelligence, M.M.'s ability to learn was seriously affected by emotional problems associated with her home-life and the death of her grandmother. The psychologist's report concluded that, beneath M.M.'s shy exterior, "[h]er inner-life is fraught with terrifying feelings of anger, fear, and sadness that go beyond her capacity to cope in a healthy way. These feelings lead to regressive behaviors, disinhibition of impulses, loss of contact with reality, and confused thought processes." The psychologist recommended therapy.

Subsequent evaluations of M.M. echo the 1986 report. In April of 1987, the IEP prepared for M.M. noted that, although she made some progress after 1986, she displayed little motivation and had poor self-esteem. The IEP concluded that M.M. would need a highly structured educational program. In the same year, the report prepared by M.M.'s Planning and Placement Team ("PPT") (the group, including M.M.'s mother, responsible for preparing M.M.'s educational program) recommended therapy for M.M. The IEP provided M.M. psychotherapy at the Milford Mental Health Center ("MMHC"), a community-based therapy center, as a service related to her special educational program.

In October of 1987, the IEP prepared for M.M. reported that she was beginning to initiate play and that her work habits were improving. The IEP concluded that M.M. was doing well in a structured educational environment, and would need continued emotional help, including activities to improve her self-esteem. This included ongoing counseling at the MMHC. The state agreed to pay for the costs of the MMHC family counseling for M.M. and her mother, but deleted psychotherapy from her educational program.

In 1988, MMHC evaluated M.M. and observed that she was emotionally immature but that her intelligence was "at least in the average range." M.M. showed signs of emotional growth and a tendency toward concretization in thinking. MMHC concluded that she would continue to need a highly structured educational environment. From September to November of 1988, M.M.'s IEP included psychological counseling at school, and family counseling at MMHC. M.M.'s December IEP did not provide for such services, however, and the state did not provide such services during 1989.

Unfortunately, M.M.'s emotional and educational progress remained halting at best. In 1989, M.M.'s IEP reported that she continued to suffer from a very poor self-image, had problems interacting with other children, and could not follow directions. The report also noted serious writing problems, stemming from M.M.'s tendency toward task-avoidance. As a result of these problems, the report recommended eliminating most written work from M.M.'s educational program.

Later that year, educational and psychological studies conducted by the Yale Child Study Center concluded that M.M. was very distractable and should be placed in a class with a small pupil-teacher ratio and students that are not disruptive or distracting. The psychological evaluation observed that, while M.M. scored in the average to slightly below-average intelligence range in most areas, she functioned at a social and emotional level inappropriate for her age. The psychological report described M.M. as having "many concerns, worries and fears about numerous aspects of her life" that lead her to withdraw in an attempt to avoid anxiety. M.M. would become overwhelmed by her surroundings, leading to regressive behavior and an inability "to problem solve effectively or to think clearly and logically."

In 1990, M.M.'s IEP again included therapy for M.M. at MMHC. In referring M.M. to MMHC, the areas of concern identified by the Board of Education included the need to determine an appropriate classroom placement for her due to her academic and social needs, M.M.'s problematic relationship with her mother, M.M.'s extensive need to seek adult and peer attention, and her dysfunctional social skills. This counseling lasted until May of 1991. Marcie Link evaluated M.M. at MMHC, serving as M.M.'s clinical social worker. She was also a member of M.M.'s PPT.

During her sessions with M.M. and Mrs. B., Mrs. Link determined that M.M.'s emotional problems could not be dealt with effectively outside a full-time residential treatment program. She reached this conclusion, in great part, due to Mrs. B.'s inability to deal with M.M.'s manipulative and regressive behavior. Mrs. Link recommended...