Board of Education v. Holland

786 F. Supp. 874, 92 Daily Journal DAR 9902, 1992 U.S. Dist. LEXIS 2940
CourtDistrict Court, E.D. California
DecidedMarch 2, 1992
DocketCiv. No. S-90-1171-DFL
StatusPublished
Cited by4 cases

This text of 786 F. Supp. 874 (Board of Education v. Holland) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Holland, 786 F. Supp. 874, 92 Daily Journal DAR 9902, 1992 U.S. Dist. LEXIS 2940 (E.D. Cal. 1992).

Opinion

ORDER

LEVI, District Judge.

Defendant Rachel Holland is a nine year old girl who is moderately mentally retarded. She has an I.Q. of 44 and on academic testing functions at about the level of a four year old child. She is well behaved and popular with her second grade classmates. She enjoys school and is motivated to learn. . Plaintiff Sacramento Unified School District (the “District”) proposes to educate Rachel half-time in a special education class with other handicapped children, and half-time in a regular classroom. Believing that Rachel would benefit from a full-time placement in a regular classroom, Rachel’s parents appealed the District’s placement decision to a California Special Education hearing officer. Following fourteen days of hearings, the hearing officer ruled in favor of the parents and ordered that the District place Rachel in a regular classroom with certain support services. The District now appeals from that decision. Both the parents and the California State Department of Education seek affirmance of the ruling below.

The court must determine whether the decision by the hearing officer complies with the Individuals with Disabilities Education Act (the “IDEA” or the “Act”), 20 U.S.C. §§ 1400-1485. The IDEA requires that a state which accepts federal funds must provide a “free appropriate” education to all children. 20 U.S.C. § 1412. The IDEA also requires that to the “maximum extent appropriate,” handicapped children must be educated with non-handicapped children. The central question here is whether, for Rachel, a full time placement in a regular education class is the “appropriate” placement. For the reasons stated below, the court concludes that it is.

I

Rachel attended a variety of special education programs provided by the District from 1985 until 1989.1 While Rachel was in special education classes provided by the [876]*876District, she spent a small part of each day with nonhandicapped children. For the period from 1987 through 1989, Rachel received no more than approximately one hour per day of integration with a regular class. Her parents repeatedly sought, with little success, to increase the amount of time Rachel spent in regular classrooms. In the fall of 1989, the Hollands requested that Rachel be placed full-time in a regular classroom for the 1989-90 school year. The District rejected this request and offered only special education placements for Rachel. Later, after mediation, the District proposed a placement for Rachel that included some integration into a regular classroom. The proposed placement would have divided Rachel’s time between a regular class for nonacademic activities—such as art, music, lunch, and recess—and a special education class of handicapped children for all academic subjects. This would have required moving Rachel at least six times each day between the two classes. The Hollands rejected the District’s proposals and entered Rachel in a regular kindergarten class at the Shalom School, a private school. Rachel has remained at the Shalom School in regular classes and is now in second grade. She is assisted by a part-time aide who sits by her in the classroom.

Although unable to agree on a placement for Rachel, the District and the Hollands, through mediation, agreed on an Individualized Education Program for Rachel. The IDEA requires such a program, known as an IEP, for each handicapped child and requires that it be reviewed at least annually. See 20 U.S.C. § 1401(19).2 Because of the dispute between the District and the Hollands, Rachel’s IEP has not been revised since January 1990. Rachel’s 1990 IEP stresses language and communication goals. The agreed objectives include: speaking in four or five word sentences; repeating instructions of complex tasks; initiating and terminating conversations; verbally stating her name, address, and telephone number; participating in a personal safety program with classmates; developing a 24-word sight vocabulary; counting to 25; printing her first and last name and the alphabet; playing cooperatively; participating in lunch without teacher supervision; identifying upper and lower case letters and sounds associated with them; and following her schedule of daily activities.

The Hollands appealed the District’s placement decision to a state hearing officer, as provided by the IDEA. See 20 U.S.C. § 1415(b)(2). The District’s position at the hearing, as here, was that Rachel is too severely handicapped to benefit from a full time placement in a regular class. The Hollands offered testimony to support their view that Rachel best learns both social and academic skills in a regular education classroom, and that she would not benefit from being placed in a special education class.

Following a two week hearing, in a lengthy opinion dated August 15, 1990, the hearing officer found that the District had failed to make an adequate effort to educate Rachel in a regular class as required by the IDEA. The hearing officer found that Rachel had benefitted from her year of kindergarten in a regular class at the Shalom School. In reaching this conclusion, the hearing officer found the testimony of Rachel’s teacher was entitled to more weight than District witnesses, who testified that Rachel’s experience at Shalom was not successful. Further, the hearing officer found that Rachel was motivated to learn and that she learned by imitation and modeling such that she would benefit from a regular classroom setting. The hearing officer found no evidence that Rachel [877]*877would be disruptive in a regular education classroom and further concluded that Rachel’s IEP goals were consistent with the first grade curriculum. Finally, the hearing officer found that the District had overstated the cost of placing Rachel in a regular classroom with supplemental aids, and that the cost of such a placement would not be so great that it weighed against placing Rachel in a regular classroom. The hearing officer ordered the District to place Rachel in a regular education classroom with appropriate support services, including a part-time special education consultant and a part-time classroom aide. Under the order, the parties were to agree on the aide and consultant time required, returning to the hearing officer if they were unable to reach an agreement.

The District appealed this determination to the district court. See 20 U.S.C. § 1415(e). In accordance with 20 U.S.C. 1415(e)(2),3 the parties presented additional evidence during an evidentiary hearing held on December 16, 17, and 18, 1991. Since the decision of the hearing officer in 1990, Rachel has completed first grade and half of second grade at the Shalom School in regular classrooms.4 The main purpose of the hearing was to provide evidence of Rachel’s progress or lack of progress during this time period.

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BD. OF EDUC., SACRAMENTO CITY SCHOOL D. v. Holland
786 F. Supp. 874 (E.D. California, 1992)

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Bluebook (online)
786 F. Supp. 874, 92 Daily Journal DAR 9902, 1992 U.S. Dist. LEXIS 2940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-holland-caed-1992.