Arlington County School Board v. Smith

230 F. Supp. 2d 704, 2002 U.S. Dist. LEXIS 22043, 2002 WL 31538583
CourtDistrict Court, E.D. Virginia
DecidedNovember 14, 2002
DocketCIV.A. 02-465-A
StatusPublished
Cited by2 cases

This text of 230 F. Supp. 2d 704 (Arlington County School Board v. Smith) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arlington County School Board v. Smith, 230 F. Supp. 2d 704, 2002 U.S. Dist. LEXIS 22043, 2002 WL 31538583 (E.D. Va. 2002).

Opinion

*706 MEMORANDUM OPINION

ELLIS, District Judge.

In this Individuals with Disabilities Education Act (“IDEA”) 1 dispute, the school board appeals the decision of a hearing officer, who determined that the school board had not provided an emotionally disturbed student with a Free and Appropriate Public Education (“FAPE”), as required by IDEA, 20 U.S.C. § 1412(a)(1), and accordingly ordered that the student be placed in a private, therapeutic day school. The matter is now before the Court on cross-motions for summary judgment.

I. 2

Jane Smith 3 is a seventeen year-old high school senior with a range of afflictions. She suffers from attention deficit disorder (“ADD”), bipolar disorder, post-traumatic stress disorder, and major depression. Until her transfer to the Fen-ster School at the start of her junior year, where she is currently enrolled, she attended Arlington County Public Schools (“APS”). Jane first qualified for special education services in APS in 1998, when she was in the seventh grade, and was diagnosed as having ADD and bipolar disorder. During that year, she made suicidal gestures and was hospitalized for psychiatric treatment. Her bipolar disorder caused her to experience cycles of depression, which made it difficult for her to complete school assignments in a timely manner. At that time, her Individualized Education Program (“IEP”) 4 called for her to continue attending regular academic classes, but also assigned her a qualified special education monitor. 5 Under this IEP, Jane was academically successful, earning average to above average grades in her classes. As a result, she retained the same IEP for the eighth and ninth grades. Jane’s special education monitor in the ninth grade, Ms. Roberta Steinberg, stated that Jane’s achievement during this period was “mostly in the superior range.” Her grades during the ninth grade year were mostly Bs, and an A and a C.

In Fall of 2000, Jane began the tenth grade at Yorktown High School. On October 11, 2000, her IEP was reviewed. Given her past academic success while receiving no special education services apart from monitoring, the IEP team. 6 proposed *707 that Jane continue to attend regular education classes, and, in addition, receive one half hour of special education services per week in the form of an organizational skills class. Jane’s guidance counselor stated that she had a “pretty rigorous schedule,” which included an Advanced Placement European history course. During this semester, Jane began to experience some signs of emotional difficulties, and had trouble completing her homework. Jane’s difficulties were attributed to her mother’s hospitalization for heart surgery, as well as to her traumatic experience as the victim of a sexual assault by a fellow student at school. In the aftermath of this experience, Jane was diagnosed as suffering from post-traumatic stress disorder. Despite all this, Jane continued to achieve passing grades in her classes that semester.

Jane’s emotional difficulties peaked during her winter vacation, when she began to mutilate herself by cutting her arms and legs, and she also made two serious attempts at suicide. These attempts led to her four-week hospitalization at Dominion Hospital in January 2001. Since Dominion had an educational component, Jane was able to complete some assignments and receive grades that were transferrable to Yorktown. She received all As for participation, and earned favorable reports concerning her work habits and behavior. Dominion’s staff also noted that “[i]n general, Jane responded favorably to a highly structured environment and small class size. Her participation and involvement in the educational/therapeutic activities varied daily.”

Jane returned to Yorktown on February 7, 2001. That morning, Jane and her mother met with counselors to plan Jane’s transition back to school. While Jane was behind in much of her school work, her counselors did not want to overwhelm her with too much after-school extra help because it would make her school day too long. Instead, Jane’s counselors determined that she should attend Instructional Studies, which was a structured study hall class during which students do homework or receive extra help from teachers.

Jane’s counselors and teachers held a follow-up meeting with Jane’s parents on February 16, 2001, to discuss additional ways to help Jane complete her missed school work. Jane’s teachers had offered her extra help during lunch time and after school, but Jane did not take advantage of these opportunities. Compounding Jane’s already difficult academic transition back to Yorktown were her mounting absences from school, particularly from her morning classes. The Smiths attributed Jane’s poor attendance to her medication, which made her sleepy in the morning. They also believed that Jane’s absences resulted from her fear of attending the same school where she had been sexually assaulted by a student the previous semester. While that student was expelled, the Smiths believed he was still able to gain access to the school. They were very concerned about Yorktown’s ability to monitor closely Jane’s attendance, especially in light of Jane’s continued self-mutilation and suicidal thoughts.

At the end of the February 16, 2001 meeting, the Smiths were given information about APS’s Interlude Program, which is contained within the Yorktown building. APS describes Interlude as an “intensive alternative education program for students whose serious emotional problems and disruptive behaviors interfere with academic achievement and interpersonal relationships.” This program includes a therapeutic component; students receive therapy once a week, and have access to additional therapists who work with Interlude full-time. Interlude, APS’s only therapeutic program for emotionally *708 disturbed students, has up to thirty students, with a maximum of ten students in each classroom. A teacher and an assistant are assigned to each classroom. The small class size allows for individualized instruction where students may take any general education class, including Advanced Placement classes. Because the general education classes are individually tailored to each Interlude student, it is possible for Jane to progress faster than the students in the general education setting. Interlude uses the same textbooks that are used in the general education setting. Finally, Interlude monitors student attendance more closely than Yorktown usually does for its general education students. If an Interlude student does not arrive at school, the staff will promptly contact her parents to determine her whereabouts. In appropriate circumstances, the staff will also contact the police officer assigned to Yorktown to locate the student.

As a result of the February 16, 2001 meeting, an IEP meeting was held on February 23, 2001, which resulted in a new IEP.

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Bluebook (online)
230 F. Supp. 2d 704, 2002 U.S. Dist. LEXIS 22043, 2002 WL 31538583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arlington-county-school-board-v-smith-vaed-2002.