Rothschild v. Grottenthaler, 1299

• Decision Date: 27 June 1990
• Docket Number: No. 1299,D,1299
• Citation: 907 F.2d 286
• Parties: , 61 Ed. Law Rep. 490 Kenneth and Karen ROTHSCHILD, Plaintiffs-Appellees, v. Charles GROTTENTHALER, Superintendent of the Ramapo Central School District, and Ramapo Central School District, Defendants-Appellants. ocket 90-7097.
• Court: U.S. Court of Appeals — Second Circuit

Page 286

907 F.2d 286

59 USLW 2037, 61 Ed. Law Rep. 490

Kenneth and Karen ROTHSCHILD, Plaintiffs-Appellees, v. Charles GROTTENTHALER, Superintendent of the Ramapo Central School District, and Ramapo Central School District, Defendants-Appellants.

No. 1299, Docket 90-7097.

United States Court of Appeals Second Circuit.

Argued May 10, 1990.

Decided June 27, 1990.

Reuben Ortenberg, Suffern, N.Y. (Coral Ortenberg Mayer Zeck & Prier, P.C., Suffern, N.Y., of counsel), for defendants-appellants.

Sarah S. Geer, Washington, D.C. (Marc P. Charmatz, Nat. Ass'n of the Deaf Legal Defense Fund, Washington, D.C.; Protection and Advocacy Unit, Westchester Independent Living Center, Inc., White Plains, N.Y., of counsel), for plaintiffs-appellees.

Before ALTIMARI and MAHONEY, Circuit Judges, and TENNEY ^*, Senior District Judge.

ALTIMARI, Circuit Judge:

The central question presented on this appeal is whether a public school district which receives federal financial assistance must provide sign-language interpreter services, at school district expense, to deaf parents of non-hearing impaired children at certain school-initiated activities. Defendants-appellants Ramapo Central School District ("School District") and the School District Superintendent, Charles Grottenthaler, appeal from a judgment, entered in the United States District Court for the Southern District of New York (Gerard L. Goettel, Judge ), declaring the School District's refusal to provide sign-language interpreter services to the Rothschilds to be a violation of section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. Sec. 794(a) (West Supp.1990) ("Rehabilitation Act").

On appeal, the School District and Superintendent Grottenthaler contend that the district court erred in finding a violation of section 504. They claim that the Rothschilds are not "otherwise qualified" to participate in or benefit from any activity offered by the School District. Accordingly, they contend, section 504 is not violated by the refusal to provide sign-language interpreter services to the Rothschilds. The School District and Superintendent Grottenthaler also claim that the district court's Judgment, particularly its order that sign-language interpreter services be provided at a child's graduation, is inconsistent with its Decision. For the reasons set forth below, the judgment of the district court is affirmed in part, and vacated and remanded in part.

BACKGROUND

The parties stipulate that plaintiffs-appellees Kenneth and Karen Rothschild are deaf parents of two non-hearing impaired children who attend schools operated by defendant-appellant Ramapo Central School District. It is also stipulated that the Rothschilds use American Sign Language as their primary method of communication. The parties further stipulate that the Rothschilds have been invited to attend meetings with School District teachers and counselors "to discuss their childrens' [sic] academic program, disciplinary problems, or other matters." In addition, the Rothschilds have been invited to attend various group events, such as "Back to School Night" and orientation meetings, at their children's schools. The Rothschilds contend that, without the services of a sign-language interpreter, they cannot effectively communicate with teachers and other School District personnel at these meetings, conferences, and events. Thus, while they are concerned about their children's educational development and, like other parents in the School District, are invited to participate in such activities, the Rothschilds often do not attend.

Since September 1981, the Rothschilds have made numerous requests that the School District provide a sign-language interpreter, at School District expense, for various school-initiated activities related to their children's education. However, the School District has consistently refused to provide such services, citing its belief that the Rothschilds are not "qualified" under section 504. On occasion, the Rothschilds have hired a sign-language interpreter to facilitate communication with teachers and other School District personnel. In these instances, the School District has refused to pay the interpreter bills submitted by or on behalf of the Rothschilds. The School District has, however, provided special seating arrangements at school functions for the Rothschilds and their privately-hired sign-language interpreters.

The Rothschilds commenced this action in May 1989, seeking declaratory and injunctive relief, as well as damages, under section 504 of the Rehabilitation Act and 42 U.S.C. Sec. 1983. The Rothschilds contended that, although they are invited to attend School District meetings, conferences, and other events concerning their children's education, they cannot effectively communicate with teachers and other School District personnel at these activities without the services of a sign-language interpreter. They claimed that, without a sign-language interpreter, the opportunity afforded them to participate in School District activities The defendants moved to dismiss the Rothschilds' action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(2) & (b)(6). The district court dismissed the Rothschilds' claim for damages against defendant Grottenthaler, but denied the defendants' motions in all other respects. Rothschild v. Grottenthaler, 716 F.Supp. 796 (S.D.N.Y.1989). The matter was tried at a bench trial on stipulated facts. The court held that, under section 504 of the Rehabilitation Act, the Rothschilds are entitled to sign-language interpreter services, provided at School District expense, at " 'school-initiated conferences incident to the academic and/or disciplinary aspects of their child's education.' " Rothschild v. Grottenthaler, 725 F.Supp. 776, 779-80 (S.D.N.Y.1989) (quoting Rothschild, 716 F.Supp. at 800). The district court ordered the School District to provide sign-language interpreter services to the Rothschilds, "upon their request and without cost to them, in school initiated activities that are designed for parental involvement and are incident to the [Rothschilds'] children's academic or disciplinary progress." It further ordered the School District to reimburse the Rothschilds some $2,000 expended by them to hire a sign-language interpreter for previous school functions. The district court also awarded reasonable attorneys' fees and costs to the Rothschilds, pursuant to section 505(a)(2) of the Rehabilitation Act, 29 U.S.C.A. Sec. 794a(a)(2) (West 1985). Because this relief was granted under section 504 of the Rehabilitation Act, the district court considered it unnecessary to determine the Rothschilds' claim under section 1983. This appeal followed.

concerning their children's education is not equal to the opportunity afforded non-hearing impaired parents.

DISCUSSION

This case presents a matter of first impression: Whether section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. Sec. 794(a) (West Supp.1990), requires a public school district receiving federal financial assistance to provide sign-language interpreter services, at school district expense, to deaf parents of non-hearing impaired children at certain school-initiated activities. Defendant-appellant School District routinely invites plaintiffs-appellees Kenneth and Karen Rothschild, whose children are enrolled in the School District, to parent-teacher conferences, meetings with School District personnel and other events designed for parental involvement. The Rothschilds are interested in participating in these activities. They contend, however, that absent the services of a sign-language interpreter, they are denied an equal opportunity to participate in these activities because they cannot effectively communicate with teachers and other School District personnel. They claim that the School District's failure to make a reasonable accommodation that would afford them an equal opportunity to participate in school-initiated activities incident to their children's education constitutes a violation of section 504 of the Rehabilitation Act. We agree.

Our inquiry begins, as it must, with the language of section 504. See United States v. University Hosp., 729 F.2d 144, 154 (2d Cir.1984). That section, in pertinent part, provides:

No otherwise qualified individual with handicaps in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance....

29 U.S.C.A. Sec. 794(a) (West Supp.1990). In this Circuit, it is settled that a private right of action against recipients of federal financial assistance may be implied from section 504. Marlow v. Dep't of Educ., 820 F.2d 581, 583 (2d Cir.1987) (per curiam), cert. denied, 484 U.S. 1044, 108 S.Ct. 780, 98 L.Ed.2d 866 (1988); Doe v. New York Univ., 666 F.2d 761, 774 (2d Cir.1981); Kampmeier v. Nyquist, 553 F.2d 296, 299 (2d Cir.1977). To establish a prima facie violation of section 504, a plaintiff must prove that: 1) he or she is a "handicapped In the present case, the School District concedes that the Rothschilds are handicapped persons within the meaning of the Rehabilitation Act, see 29 U.S.C.A. Sec. 706(8) (West Supp.1990), and that the School District receives federal financial assistance, see 34 C.F.R. Sec. 104.3(h) (1989). The School District does not seriously contest that the Rothschilds are denied the opportunity to participate in school-initiated activities concerning their children's education by reason of their handicaps. Rather, the heart of the School District's argument is that the Rothschilds are not "otherwise qualified" for the offered activities. According to the School District, "Section 504 does not apply to plaintiffs because public schools...