Thompson By and Through Buckhanon v. Board of Special School Dist. No. 1 (Minneapolis)
| Decision Date | 19 May 1998 |
| Docket Number | No. 97-3288,97-3288 |
| Parties | 126 Ed. Law Rep. 665 Leroy THOMPSON, a minor, by and through his parent and legal guardian, Synarvia Jene BUCKHANON, Appellant, v. BOARD OF THE SPECIAL SCHOOL DISTRICT NO. 1, (MINNEAPOLIS); Peter Hutchinson, in his official capacity as Superintendent; Bruce Johnson, in his official capacity only as Commissioner of the Minnesota Department of Children, Families and Learning, (MDCFL); MDCFL; Board of Education, sed as Minnesota State Board of Education; Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Sonja D. Kerr, Inver Grove Heights, MN, argued (William Welp, Inver Grove Heights, MN, on the brief), for Appellant.
Sara J. Ruff, Minneapolis, MN, argued (Stephen G. Anderson, Nancy E. Blumstein, Minneapolis, MN, Rachel L. Kaplan, Asst. Atty. Gen., St. Paul, MN, on the brief), for Appellees.
Before BEAM and HEANEY, Circuit Judges, and WATERS, 1 District Judge.
Leroy Thompson (Thompson), by and through his mother, Synarvia Jene Buckhanon (Buckhanon), appeals the district court's grant of summary judgment and motion to dismiss in favor of Minneapolis Special School District No. 1 (District). Thompson sued the District, claiming that it violated various civil rights statutes by denying him a free, appropriate, public education; failing to accommodate his disability properly; and discriminating against him because of his race. We affirm.
Thompson is currently an eighth-grade student at New Visions, a charter school in Minneapolis. Prior to enrolling at New Visions, Thompson attended another charter school, the Minneapolis Community Learning Center (MCLC). Before that, Thompson was a student in several District schools. Thompson has various learning disabilities and is diagnosed as having emotional behavioral disturbance (EBD).
Thompson first enrolled in the District for the 1989-90 school year as a kindergartner at Tuttle Marcy Elementary School (Tuttle). Thompson remained at Tuttle through part of second grade. He had behavioral problems while a first grader and, as a second grader, he was suspended six times for such things as hitting, kicking, biting, and threatening teachers. Because of Thompson's behavior problems, the District informed Buckhanon that it wanted to assess her son to see if he needed special education services. Buckhanon consented.
After conducting the assessment, the District proposed that Thompson work one on one with an assistant and that Thompson be rewarded for exhibiting good behavior. Additionally, Thompson would be removed from the classroom and school when his behavior became physically dangerous to himself or others around him. Because his behavior did not improve, Buckhanon consented to Thompson's placement at Andersen D, another District elementary school, in a program tailored for children with EBD. An individualized education plan (IEP) was developed for Thompson. Although Buckhanon agreed to the placement, a district social worker questioned whether Andersen D was the proper placement for Thompson. Buckhanon worked at the school and helped assist her son. Following his enrollment at Andersen D, Buckhanon claimed that her son was improperly placed in "time-out" rooms and isolated when he misbehaved.
Nevertheless, Thompson made significant progress while attending Andersen D. By third grade, he had a new IEP and began attending mainstream classes in the morning at another public elementary school, Wilder Math and Science Tech (Wilder). By April 1993, Thompson began attending Wilder on a full-time basis. Because of continuing behavioral problems, Thompson was suspended twice in third grade. Despite these problems, Thompson remained at Wilder in fourth grade. He was reassessed and again diagnosed with EBD and a specific learning disability. A new IEP was developed to help Thompson with reading and behavioral problems. Thompson's behavioral problems got worse, and in January 1994, Thompson was suspended for two days because of fighting. On February 3, 1994, Thompson started grabbing, pushing, and kicking other students. School officials called the police, who took Thompson home. Upset that the police intervened, Buckhanon decided not to send her son back to school.
In mid-February 1994, Buckhanon met with Wilder personnel to discuss placement options for her son. Everyone at the meeting agreed that Thompson should attend the SIMS program at Lyndale Elementary School, another District school, because it was supposed to have a strong program for students with learning disabilities. For the remainder of fourth grade and part of fifth grade Thompson attended SIMS. In October 1994, Thompson underwent a reassessment. Both Buckhanon and Thompson's teachers received forms to assess his behavior. The teachers found that Thompson was borderline delinquent. Buckhanon, on the other hand, rated her son as showing some aggressive behavior, but to a lesser extent than the teachers. The reassessment indicated that Thompson's primary disability was EBD. Before a new meeting was convened to reconsider Thompson's placement, Buckhanon removed her son from the SIMS program and put him in the MCLC charter school, where he completed the fifth grade.
In June 1995, Buckhanon requested a due process hearing to challenge the District's assessment of her son and the education he was provided before leaving the District and attending MCLC. Thompson was not a student in the District when Buckhanon requested a due process hearing. The District referred the matter to an independent hearing officer (HO). The HO agreed that the District lacked jurisdiction to hear the matter because Thompson no longer attended a school within the District. Buckhanon appealed to a hearing review officer (HRO). While waiting for the HRO's decision, Buckhanon placed her son in the New Visions charter school. The HRO affirmed the HO's decision, and shortly thereafter, Buckhanon commenced this suit on her son's behalf. Buckhanon is satisfied with her son's current education and does not request a new assessment or a due process hearing related to his education at New Visions, but challenges many aspects of the education he received while attending school in the District.
Thompson's suit alleges that: (1) the District violated his due process rights under the Fourteenth Amendment, the Individuals with Disabilities Education Act (IDEA), 42 U.S.C. § 1983, the Minnesota Constitution, and Minnesota statutory law by denying him a hearing to challenge his IEP and overall education while a student in the District; (2) the District discriminated against him because of his race in violation of Title VI of the 1964 Civil Rights Act and state law by denying him certain educational services and by improperly disciplining him; (3) the District discriminated against him because of his disability under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504), and state law by failing to modify discipline policies to accommodate his disability properly; (4) Peter Johnson, the head of the Minnesota Department of Children, Families, and Learning (MDCFL), the MDCFL, and State Board of Education (SBE) failed to provide a proper due process hearing; and (5) the MDCFL and SBE have wrongfully created or interpreted state laws by establishing a charter school system that deprived Thompson of a hearing under the United States Constitution, IDEA, § 1983, and Minnesota law.
The district court granted the District's motion to dismiss on claims 1, 4, and 5 listed above and granted summary judgment for the District on claims 2 and 3 listed above. Thompson appeals.
In analyzing Thompson's numerous claims, we address three distinct issues: (1) whether Thompson has stated a claim under IDEA and Minnesota state law; (2) whether there are genuine issues of material fact as to whether the District discriminated against Thompson under the ADA, Section 504, and Minnesota law; and (3) whether there are genuine issues of material fact as to whether Thompson was discriminated against because of his race under Title VI of the 1964 Civil Rights Act and under state law.
Whether a complaint sufficiently states a cause of action is a legal question subject to de novo review. Westcott v. City of Omaha, 901 F.2d 1486, 1488 (8th Cir.1990) (citations omitted). In reviewing a motion to dismiss, we assume all facts alleged by the plaintiff are true. Id. Dismissal is only proper if it appears that a plaintiff is unable to prove any set of facts entitling the plaintiff to relief. Id.
We review a district court's grant of summary judgment de novo. United States ex. rel. Glass v. Medtronic, Inc., 957 F.2d 605, 607 (8th Cir.1992). In considering whether to grant summary judgment, a court examines all the "pleadings, depositions, answers to interrogatories ... admissions on file ... [and] affidavits." Fed.R.Civ.P. 56(c). After viewing the record in a light most favorable to the nonmoving party, summary judgment is appropriate only where there is "no genuine issue of material fact and ... the moving party is entitled to judgment as a matter of law." Langley v. Allstate Ins. Co., 995 F.2d 841, 844 (8th Cir.1993) (citations omitted).
IDEA was enacted to ensure that children with disabilities receive a free, appropriate, public education. 20 U.S.C. § 1400(c). Under IDEA, a parent or guardian is entitled to procedural safeguards to ensure that his or her disabled child's educational needs are being met by the student's school district. For example, 20 U.S.C. § 1415(b)(1)(E) allows a parent or guardian "an opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child." Id. After making a complaint, the child is entitled to an impartial due process hearing. Id...
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