Yankton School Dist. v. Schramm, 95-3343
| Decision Date | 01 October 1996 |
| Docket Number | No. 95-3343,95-3343 |
| Citation | 93 F.3d 1369 |
| Parties | 111 Ed. Law Rep. 1143 YANKTON SCHOOL DISTRICT, Appellant, v. Harold and Angie SCHRAMM, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Gerald L. Kaufman, argued, Huron, SD, for appellant.
John A. Hamilton, argued, Pierre, SD, for appellees.
Before MAGILL, ROSS, and MURPHY, Circuit Judges.
Harold and Angie Schramm sought transition services for their orthopedically impaired daughter, Tracy, to assist her passage from high school to independent living at college. The district court 1 determined that the Yankton School District continued to be responsible for providing Tracy with services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et. seq. The court also awarded the Schramms attorney fees and costs as the prevailing parties. The school district appeals from the judgment. We affirm with one modification.
Tracy Schramm is now eighteen years old and will be a senior this fall at Yankton High School. She was born with cerebral palsy and has been classified as orthopedically impaired since the third grade. As a result of her impairment, her hand strength is weak, her right hand is stiff and lacks dexterity, her hand-eye coordination is limited, she writes and types slowly, and she uses a walker for short distances and a wheelchair for longer ones. She cannot function independently in her personal life. She needs help in getting dressed, putting on her shoes, pouring beverages, cooking, and cleaning. She cannot drive a car. Although she has learned to play the saxophone, she cannot play at certain speeds.
Due to Tracy's orthopedic impairment, she entered the school district's special education program in the fall of 1979 as a preschool student. From that time she began to receive special instruction and related services tailored to her needs through an individualized education program (IEP). Her last written IEP, dated May 10, 1993, included only adaptive physical education, physical therapy, and transportation. Yankton School District has provided her with several additional services, however, not specified in her IEP. These include assistance in moving between classes, getting on and off the school bus, going up and down stairs in the school building, carrying a lunch tray, and setting up the saxophone she plays in the band. The school district has also provided Tracy with shortened writing assignments, photocopies of her teachers' class notes, computers for certain classes, special instruction on how to type with one hand, and four separate sets of text books for her home and school use so that she need not carry books from one location to another.
These services and specialized instruction have enabled Tracy to participate in the regular classes at school. She has earned grades in the "A" range by studying four to five hours a night, five nights a week. In addition to her class work, Tracy has participated in the school band, newspaper, and a public speaking program. She hopes to attend college and study civil engineering and computer science.
In March 1994, two weeks before Tracy's sixteenth birthday, the school district met with Tracy and her mother to discuss providing transition services under IDEA. Transition services include instruction, community experiences, and training in daily living skills that prepare students about to leave high school for independent living, postsecondary education, and community participation. See 20 U.S.C. § 1401(a)(19). Because of Tracy's desire to attend college away from home, she wanted specially designed instruction in driver's education, self-advocacy, and independent living skills such as cooking and cleaning. The Schramms received limited information from the school district but signed a transition plan that placed nearly all responsibility for Tracy's transition planning on them.
In early June 1994, at the end of Tracy's ninth grade school year, the Schramms learned that the district planned to dismiss Tracy from its special education program under IDEA. Tracy's parents wrote a letter to the Yankton High School Principal, Dr. David Bitter, expressing their disagreement with the planned dismissal. Shortly thereafter, Tracy and her parents met with Dr. Bitter and other school personnel to discuss the matter. Physical education was not provided beyond the ninth grade, and the district informed the Schramms that Tracy had satisfied its requirements in that area. Since Tracy's last IEP had offered special education only in physical education, the district felt Tracy no longer had special education needs under IDEA. On the addendum attached to Tracy's IEP that day, Tracy's mother wrote that the Schramms disagreed with the district's decision and believed that Tracy remained eligible for special education. Nevertheless, the district dismissed Tracy from its special education program under IDEA.
Two weeks later, the South Dakota Advocacy Services, a publicly funded legal services group which had been working with the Schramms during the past year, wrote a letter on their behalf to the school district. The letter explained the Schramms' disagreement with the district's decision that Tracy was ineligible for special education under IDEA. It stated that Tracy would have many transition needs requiring specialized instruction, which the district had failed to consider properly. For these reasons, the Schramms requested an impartial due process hearing.
A due process hearing was held before a state appointed hearing examiner on August 22, 1994. See 20 U.S.C. § 1415(b)(2). The examiner determined that Tracy remained eligible for IDEA benefits because the specially designed instruction and related services not included in the May 1993 IEP were in fact necessary as a result of her orthopedic impairment. In addition, the examiner stated that the transition services Tracy needed because of her impairment also constituted a type of special education. The examiner concluded that Tracy should receive the requested transition services and that the district's March 1994 transition plan improperly shifted responsibility for such transition planning to Tracy's parents. Finally, the examiner noted that he was inclined to award attorney fees to the Schramms but believed he lacked the authority to do so.
The school district appealed the examiner's decision to the district court. See 20 U.S.C. § 1415(e)(2). Following a hearing in August 1995, the court held that Tracy qualified for a free appropriate public education under IDEA. Yankton School District v. Schramm, 900 F.Supp. 1182 (D.S.D.1995). It based Tracy's eligibility under IDEA on its finding that her orthopedic impairment necessitated the specially designed instruction and related services she had been receiving from the school district. It ordered these to be included in her IEP for the 1995-96 school year, and at least annually thereafter. The district court also found that Tracy's impairment adversely affected her educational performance because she would not be able to benefit from regular classroom instruction without the instructional modifications and related services that made it possible for her to achieve. The court held that the March 1994 transition plan failed to comply with IDEA requirements and ordered that a new plan be formulated with specific goals and objectives to enable Tracy to attend college.
The district court went on to address the Schramms' request for an award of compensatory education services and attorney fees. The Schramms had requested extra months of transition services to compensate for the failure to provide for appropriate transition services beginning in April 1994, when Tracy turned 16. 2 The court denied the request on the basis that Tracy would remain eligible for transition services until age 21 and there were no egregious circumstances to justify such relief. The Schramms' request for $7,633.71 in attorney fees and costs was granted, however. The district had objected to an award of fees based on the novelty of legal issues involved in the case, its good faith in applying the statute, and the Schramms' free legal representation. The court found that none of these factors justified denying a fee award to the Schramms as the prevailing parties.
The school district argues on appeal to this court that the district court erroneously determined that Tracy qualified as a disabled child under IDEA and that it abused its discretion in granting attorney fees to the Schramms.
The Individuals with Disabilities Education Act of 1990, originally enacted in 1975 as the Education for All Handicapped Children Act (EHA), ensures that all children with disabilities have access to "a free appropriate public education." 20 U.S.C. § 1400(c); Board of Educ., Etc. v. Rowley, 458 U.S. 176, 203, 102 S.Ct. 3034, 3049, 73 L.Ed.2d 690 (1982). At the time of EHA's passage, an estimated 1.75 million handicapped children were not receiving any educational services and another 2.5 million were not receiving an appropriate education. Rowley, 458 U.S. at 191, 102 S.Ct. at 3043. EHA was intended to provide a "basic floor of opportunity" by opening the door of public education to disabled children, with the hope of integrating them in regular classrooms as much as possible. Id. at 192, 102 S.Ct. at 3043-44; Light v. Parkway C-2 School District, 41 F.3d 1223, 1227 (8th Cir.1994) ; cert. denied, --- U.S. ----, 115 S.Ct. 2557, 132 L.Ed.2d 811 (1995).
All children with disabilities, such as an orthopedic impairment, "who, by reason thereof, need special education and related services" fall within IDEA's scope. Id. § 1401(a)(1)(A). "Special education" means "specially designed instruction ... to meet the unique needs of a child with a disability," and includes instruction in the classroom,...
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