A.W. V. Wood
| Decision Date | 25 June 2010 |
| Docket Number | 1081428 |
| Parties | A.W., a minor child, by and through her next friend KelliHogeland, and W.B., a minor child, by and through his next friend Shara Fortenberry v. J. Walter Wood, Jr., in his capacity as executive directorof the Department of Youth Services, et al. Appeal from Montgomery Circuit Court CV-08-900530 |
| Court | Alabama Supreme Court |
OCTOBER TERM, 2009-2010
A.W., a minor child, by and through her next friend Kelli Hogeland, and W.B., a minor child, by and through his next friend Shara Fortenberry, appeal from the trial court's orderdenying their motion to alter, amend, or vacate (1) a summary judgment in favor of J. Walter Wood, Jr., executive director of the Department of Youth Services ("DYS"); (2) the dismissal of A.W.'s and W.B.'s claims against defendants Randy Fuller, superintendent of the Shelby County Board of Education, and James Carr, superintendent of the Blount County Board of Education; and (3} a judgment in favor of Alabama Youth Homes, Inc. ("AYH"), based on partial findings.
DYS operates facilities for, and provides social and educational services to, delinquent youth committed to its custody in accordance with state law. DYS has its own special school district consisting of five separate schools. The DYS school district has its own board of education, which formulates and implements educational policy and procedures that comply with state law and Alabama Department of Education guidelines. Wood, as executive director of DYS, is ultimately responsible for ensuring that the education program at DYS facilities fully complies with state law and with Department of Education guidelines and/or regulations.
Because of the great number of juveniles placed in its custody, DYS contracts with independent entities throughout Alabama to provide some housing for juveniles committed to the custody of DYS. Pursuant to those contracts, these independent entities are required either to provide or to arrange for education that complies with state law and Department of Education regulations. In this case, DYS contracted with AYH to operate facilities in Blount County and in Shelby County at which A.W. and W.B. would be housed and educated. A.W. was assigned to AYH's Oneonta Group Home for Girls in Blount County, and W.B. was assigned to AYH's Westover Group Home in Shelby County. Pursuant to the contract between DYS and AYH, AYH agreed that A.W. and W.B. would be educated through the local school authorities, i.e., the Blount County Board of Education and the Shelby County Board of Education, respectively, and that their education would comply with state law and Department of Education regulations.
On May 21, 2008 r A.W., on behalf of herself and all others similarly situated, sued Wood and AYH. A.W.'s complaint sought injunctive relief as well as compensatory and punitive damages for negligence and wantonness based on Wood and AYH's alleged failure to provide A.W. with adequate educational programs and opportunities. Specifically, A.W.alleged that Wood and AYH denied her the opportunity to attend public school in the district in which she lived--Blount County--and that she was instead required to attend the Blount County Alternative School, where she received only approximately four hours of educational instruction per day and was not given access to the course of study required for graduation from high school.
In September 2008, A.W. filed a first amended complaint to add W.B. as a named plaintiff. W.B. alleged that although the Westover Group Home is zoned for Chelsea High School, Wood and AYH failed to enroll him there and that they instead required him to attend the Shelby County Alternative School, where he did not receive the core curriculum and course of study mandated by state law and by the Department of Education. A.W. and W.B. are hereinafter sometimes referred to collectively as "the plaintiffs."
On September 10, 2008, W.B. moved for a preliminary injunction, seeking an order requiring Wood and AYH to enroll him in Chelsea High School. On October 28, 2008, the trial court held a hearing on the request for an injunction and ultimately denied the request. On March 19, 2009, AYH moved for a summary judgment. That same day, Wood moved for asummary judgment. Wood argued, among other things, that he was immune from liability. On March 20, 2009, AYH adopted all the arguments Wood made in his motion. On March 24, 2009, the plaintiffs filed a motion to compel and for sanctions as deemed appropriate because counsel for Wood had not produced requested documents regarding DYS's policies and procedures in relation to the plaintiffs' claims and because Wood's counsel had canceled Wood's scheduled deposition. The plaintiffs argued that the requested documents and deposition were necessary for them to be able to respond to Wood's and AYH*s summary-judgment motions. Immediately before a proceeding at which ore tenus evidence was to be presented, the trial court denied both Wood's and AYH's summary-judgment motions as untimely.
The trial court held a proceeding at which evidence was presented ore tenus on March 30, 2009, and March 31, 2009, during which the plaintiffs sought to show that Wood and AYH had violated 1) Ala. Code 1975, § 16-1-1, which provides that the scholastic day shall not be less than six hours of actual teaching per day unless otherwise ordered by the county or city board of education; 2) Rule 290-3-1.02, Alabama Administrative Code () Ala. Code 1975, § 16-6B-2, which, in part, establishes the core curriculum and minimum electives to be offered. During the first day of the trial, Randy Hale, the program director for AYH, and Matt Foster, a former AYH clinical director, testified. Their testimony established that only the local education authorities, i.e., the Blount County Board of Education and the Shelby County Board of Education, had the authority to decide where a child in its jurisdiction went to school, regardless of the zone in which the child lived, and that neither Wood nor AYH had that authority. Hale, however, testified that he was aware that A.W. and W.B. attended school only 3 hours and 15 minutes per day. He stated that he had inquired of the Blount County Board of Education about whether the hours were sufficient and was told that "everything was fine. "
The plaintiffs then called Wood to testify. At that time, the trial court indicated that Wood had been scheduled for a deposition pursuant to the trial court's order and that he had not appeared. The court ordered that the hearing be postponed until March 31, 2009, and that Wood immediately sitfor a deposition by the plaintiffs, which Wood did the afternoon of March 30, 2009. The ore tenus proceedings resumed on March 31, 2009, and Wood testified the second day of the hearing. After hearing the evidence, the trial judge repeatedly stated that the plaintiffs had sued the wrong parties and that both AYH and Wood had fulfilled their responsibilities regarding the plaintiffs' education. Specifically, the trial court stated that once A.W. and W.B. arrived at the Oneonta and Westover Group Homes in Blount County and Shelby County, respectively, AYH's only responsibility was to enroll them in the respective school districts; thereafter, all decisions relating to their education, including placement, hours, and curriculum, were strictly within the purview of the local educational authorities. The trial court continued the trial until June 15, 2009, to allow the plaintiffs an opportunity to amend their complaint, suggesting that they add the respective boards of education as defendants. On April 2, 2009, the plaintiffs filed a second amended complaint to add as defendants Fuller, the superintendent of the Shelby County Board of Education, in his individual capacity, and Carr, the superintendent of the Blount County Board of Education, in hisindividual capacity. Thereafter, Fuller and Carr filed a joint motion to dismiss. On April 20, 2009, Wood filed a second motion for a summary judgment, now attaching affidavits and other documents in support of his immunity defense. AYH filed a motion for a judgment based on partial findings. On May 5, 2009, the plaintiffs filed a response to Fuller and Carr's motion to dismiss. On May 8, 2009, the plaintiffs filed a consolidated response to Wood's summary-judgment motion and to AYH's motion for a judgment on partial findings. With regard to Wood, the plaintiffs argued that the summaryjudgment motion was untimely and not compliant with Rule 56, Ala. R. Civ. P. In response to AYH's motion, the plaintiffs argued that Fuller's and Carr's affidavits directly conflicted with the deposition and trial testimony of Hale, Foster, and Wood, because the trial testimony indicated that the educational opportunities, hours, and curriculum offered to the plaintiffs were decided by AYH pursuant to AYH's agreement to provide for the education of students placed by DYS at its facilities.
On May 12, 2009, the trial court granted Fuller and Carr's motion to dismiss; it granted Wood's motion for a summary judgment, and it granted AYH's motion for a judgmenton partial findings. On June 11, 2009, the plaintiffs, pursuant to Rule 59(e), Ala. R. Civ. P., filed a motion to alter, amend, or vacate the trial court's judgment, which was denied.
The plaintiffs' amended complaint adding Fuller and Carr as defendants alleges:
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