Board of Education v. State Board of Education

622 A.2d 614, 30 Conn. App. 720, 1993 Conn. App. LEXIS 157
CourtConnecticut Appellate Court
DecidedMarch 30, 1993
Docket11277
StatusPublished
Cited by5 cases

This text of 622 A.2d 614 (Board of Education v. State Board of Education) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court 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. State Board of Education, 622 A.2d 614, 30 Conn. App. 720, 1993 Conn. App. LEXIS 157 (Colo. Ct. App. 1993).

Opinion

Daly, J.

The plaintiff Bozrah board of education (Bozrah) challenges the trial court’s decision to dismiss its appeal from the decision of the defendant state board of education’s impartial hearing board requiring Bozrah to provide funding for the education of W.

The facts are not in dispute. W, who was born on July 26,1973, resided with his mother in Norwich until [722]*7221979. W’s mother developed cancer and made arrangements with Loretta Gagnon of Norwich to care for W. W’s mother died in February, 1980. Gagnon continued to care for W, and W’s father agreed to pay her. When W’s father failed to make the expected payments, Gag-non successfully sought payments for W’s care from his mother’s social security benefits. On September 13, 1983, W was committed to the custody of the department of children and youth services (DCYS) and was placed with Gagnon, who had become a duly licensed foster parent. At this time, Gagnon began receiving payments from DCYS for the care of W. W’s father’s parental rights have never been terminated.

W has been a special education student since 1987. In February, 1988, he was placed in Mount St. John residential facility in Deep River and resided there until June, 1990. W’s father lived in the Crestwood Retirement Home in Norwich until June 6,1989, when, upon his release from Backus Hospital, he was placed in the Fitchville Home, a nursing care facility in Bozrah. The Norwich board of education (Norwich) had provided educational services to W through January, 1990. On March 12,1990, it denied school accommodations to W because his father no longer resided in Norwich. Norwich also sought credit for services retroactively to June, 1989, when the father moved to Bozrah. On June 18,1990, Bozrah refused to enroll W in its school system. On October 29,1990, W was placed in Covenant House Shelter in Norwich.

In August, 1990, W, through his appointed surrogate, petitioned both Bozrah and Norwich for residency hearings pursuant to General Statutes § 10-186. The parties agreed to waive their rights to local hearings pursuant to General Statutes § 10-186 (b) (1) and proceeded directly before the state board of education’s impartial hearing board pursuant to General Statutes § 10-186 (b) (2). That board found that Bozrah was [723]*723responsible for providing for W’s education because W’s father had resided in Bozrah since June, 1989. Bozrah appealed to the trial court, which dismissed the appeal after determining that the hearing board’s decision was not unreasonable, arbitrary, illegal or an abuse of discretion.

Bozrah appeals from the dismissal claiming that General Statutes §§ 10-253 and 10-76d do not require Bozrah to educate W. Bozrah also claims that the impartial hearing board improperly placed the burden of proof on both Bozrah and Norwich to establish W’s ineligibility for school accommodations in their school systems. We affirm the judgment of the trial court.

I

Bozrah first claims that the impartial hearing board should have found that Norwich is responsible for funding W’s education because General Statutes § 10-253 governs W’s placement. We disagree and conclude that the hearing board properly determined that General Statutes § 10-76d (e) (2) governs W’s placement.

Bozrah’s appeal is controlled by the Uniform Administrative Procedure Act, General Statutes § 4-183 et seq. Our scope of review on administrative appeals is limited; Buckley v. Muzio, 200 Conn. 1, 3, 509 A.2d 489 (1986); and it is not our function “to retry the case or to substitute [our] judgment for that of the administrative agency.” Griffin Hospital v. Commission on Hospitals & Health Care, 200 Conn. 489, 496, 512 A.2d 199, appeal dismissed, 479 U.S. 1023, 107 S. Ct. 781, 93 L. Ed. 2d 819 (1986). We may disturb the hearing board’s factual findings only if they are clearly erroneous. Practice Book § 4185. Our “ultimate duty is only to decide whether, in light of the evidence, the [agency] has acted unreasonably, arbitrarily, illegally, or in abuse of discretion. . . . Conclusions of law reached by the administrative agency must stand if [we determine] [724]*724that they result from a correct application of the law to the facts found and could reasonably and logically follow from such facts.” (Internal quotation marks omitted.) Cos Cob Volunteer Fire Co. No. 1, Inc. v. Freedom of Information Commission, 212 Conn. 100, 104, 561 A.2d 429 (1989); Board of Education v. State Board of Labor Relations, 217 Conn. 110, 120, 584 A.2d 1172 (1991).

“Upon appeal the function of the court is to examine the record of the hearing before the board to determine whether the conclusions reached are supported by the evidence that was before it. The question is not whether the trial court would have reached the same conclusions but whether the record before the board supports the board’s action.” O’Donnell v. Police Commission, 174 Conn. 422, 426, 389 A.2d 739 (1978). We agree with the state board of education, DCYS, and Norwich that General Statutes § 10-253 (d) is inapplicable because the statute does not apply to special education students like W, and because Gagnon was paid and expected to be paid for her services.

Because W has been a special education student since 1987, this case is not governed by § 10-253. The pertinent part of § 10-253 (d) provides “children not requiring special education who are residing in any facility or home as a result of a placement by a public agency, other than a local or regional board of education . . . shall be entitled to all free school privileges accorded to resident children of the school district in which they then reside.” There is no question that when W was placed in Mt. St. John in 1988 he was a special education student. The outcome of this case is, therefore, not controlled by § 10-253.

Furthermore, § 10-253 (d) governs the placement of children who are “residing with relatives or nonrelatives, when it is the intention of such relatives or non-[725]*725relatives and of the children or their parents or guardians that such residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations . . . .” (Emphasis added.) The hearing board properly determined that this section was not satisfied because Gagnon clearly intended to be paid for W’s care, and was paid for it by DCYS when she became a foster parent. The statute requires that the people with whom the child is residing and the child’s parents or guardians intend the residence to be provided without pay. Thus, the fact that W’s father did not intend to pay for W’s care is not determinative because Gagnon did intend to be paid. For these reasons, Bozrah’s reliance on § 10-253 is unwarranted.

Therefore, the trial court properly applied General Statutes § 10-76d to this case.

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Clinton Board of Education v. State, No. Cv97 0083016 (Apr. 16, 1998)
1998 Conn. Super. Ct. 4338 (Connecticut Superior Court, 1998)
Glastonbury Education Ass'n v. Freedom of Information Commission
643 A.2d 1320 (Connecticut Appellate Court, 1994)
Board of Education v. State Board of Education
636 A.2d 378 (Supreme Court of Connecticut, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
622 A.2d 614, 30 Conn. App. 720, 1993 Conn. App. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-state-board-of-education-connappct-1993.