Reinoehl v. St. Joseph Cnty. Health Dep't, Dr. Robert M. Einterz, Dr. Mark D. Fox, & Penn-Harris-Madison Sch. Corp.
Decision Date | 03 December 2021 |
Docket Number | Court of Appeals Case No. 21A-CT-433 |
Citation | 181 N.E.3d 341 |
Parties | Jennifer REINOEHL and Jason Reinoehl, Appellants-Plaintiffs, v. ST. JOSEPH COUNTY HEALTH DEPARTMENT, Dr. Robert M. Einterz, Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation, Appellees-Defendants. |
Court | Indiana Appellate Court |
Appellants Pro Se: Jennifer Reinoehl, Jason Reinoehl, Granger, Indiana
Attorneys for Appellees: Amy M. Steketee, Church Church Hittle & Antrim, Fort Wayne, Indiana, Alexander P. Pinegar, Kevin S. Smith, Church Church Hittle & Antrim, Noblesville, Indiana
[1] Parents across Indiana and the United States faced enormous challenges during the uncertainty and fluid state of affairs caused by the COVID-19 pandemic, particularly at its onset. Not only were the safety, health and employment of loved ones a concern as the country and our state entered lockdown conditions, but the educational needs of their children was a concern as well. The dynamics of family life, school life, and work life converged in family households during this unique time in our history, with parents taking on multiple roles at home—parent/employee/teacher's assistant—while educators used their creativity in providing instruction to the state's children through the use of technology. Government and business leaders, health care workers, and educators also scrambled to address the enormous disruptions presented by the pandemic. Some of those disruptions to normalcy remain today.
[2] Jennifer and Jason Reinoehl (the Reinoehls) are the parents of S.R. and L.R., two high-school aged children with diagnoses that require adjustments to their educational instruction even during "normal" times. The Reinoehls’ experiences during the onset of the COVID-19 pandemic are likely similar to those of other parents of children with disabilities. Today we discuss their disagreement with how their state and local governments, as well as their children's school system, responded to the COVID-19 pandemic, the impact those decisions had on their children, and the trial court's thoughtful and patient approach to hearing out the Reinoehls’ frustrations, expressing genuine compassion for them, while tasked with informing them that they had no legal remedy for their troubles.
[3] The Reinoehls appeal from the trial court's order granting a motion to dismiss pursuant to Indiana Trial Rule 12(B)(6) filed by the St. Joseph County Health Department (Health Department), Dr. Robert M. Einterz, Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation (the School Corporation). The Reinoehls seek review of the court's order and their issue statement is threefold. First, they contend the court abused its discretion by failing to consider case law they submitted. Next, they claim the court abused its discretion by preventing them from obtaining discovery and denying them a jury trial on the merits. Last, they contend the court erred by granting the motion to dismiss without first allowing them the opportunity to further amend their complaint. Finding that the trial court's thoroughly written order, which greatly aided appellate review of the issues, properly decided the matter before it, we affirm.
[4] The following restated issues arise from the Reinoehls’ claims:
Facts4 and Procedural History
[5] In January 2020, the World Health Organization declared the COVID-19 outbreak a public health emergency of international concern. Two months later, the President of the United States declared the COVID-19 outbreak a national emergency. That year, Indiana residents including those in St. Joseph County observed increases in COVID-19 infections, with a spike in cases in the last quarter of the year. See CDC COVID Data Tracker, https://covid.cdc.gov/covid-data-tracker/#cases totaldeaths (last accessed November 23, 2021); Indiana COVID-19 Data Report, https://www.coronavirus.in.gov/2393.htm (last accessed November 23, 2021); see also Appellants’ App. Vol. 2, p. 216.
[6] Governor Holcomb responded to this crisis by issuing executive orders to help Hoosiers navigate the crisis brought on by the COVID-19 pandemic. He began by first issuing Executive Order 20-02 on March 6, 2020, declaring a public health emergency. Next followed a series of executive orders which addressed, in part, public instruction in Indiana. Two orders directed all schools offering instruction from kindergarten through high school to close and cease in-person instruction, cancelled all state-mandated assessments for the 2019-2020 academic year, and directed that schools provide instruction via remote learning, and keep the school buildings closed for the remainder of that school year.5
Executive Order 20-26, https://www.in.gov/gov/files/Executive-Order-20-26-Roadmap-to-Reopen-Indiana.pdf (last accessed November 18, 2021) (emphasis added).
[8] Further Executive Orders issued by the governor contained similar language, not prohibiting local governmental entities from imposing more stringent requirements than those of the executive orders.6
[9] After St. Joseph County had its first confirmed case of COVID-19 and in response to the statewide declaration of a public health emergency, Penn High School (PHS) began providing extended eLearning to its students on March 17, 2020. COVID-19 Extended eLearning Update (3.17.20), https://www.phmschools.org/parents/mar-2020/covid-19-extended-elearning-update-31720 (last accessed November 18, 2021). PHS teachers used Mondays to plan eLearning lessons for the week and then taught students through video-conferenced classes on Tuesday through Friday. Id. The School Corporation closed its buildings through the end of the 2019-2020 school year, in compliance with Executive Order 20-16. PHM School Year...
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