Daniel Lenn, Etc. v. Portland School Committee

998 F.2d 1083, 1993 U.S. App. LEXIS 17509, 1993 WL 255053
CourtCourt of Appeals for the First Circuit
DecidedJuly 15, 1993
Docket93-1123
StatusPublished
Cited by185 cases

This text of 998 F.2d 1083 (Daniel Lenn, Etc. v. Portland School Committee) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel Lenn, Etc. v. Portland School Committee, 998 F.2d 1083, 1993 U.S. App. LEXIS 17509, 1993 WL 255053 (1st Cir. 1993).

Opinion

*1085 SELYA, Circuit Judge.

This appeal features a controversy between the parents of a handicapped child and a local school committee. Despite the parents’ protests, a state hearing officer declared the school committee’s 1991-92 individualized education program (IEP) appropriate for the child’s needs and in compliance with federal law. The United States District Court for the District of Maine upheld the finding. We affirm.

I. BACKGROUND

Daniel Lenn, a minor, is handicapped within the meaning of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485 (1988 & Supp.III 1991). 1 Daniel has a severe, non-verbal learning disability connected with the brain’s right hemisphere. While his verbal IQ test scores are average to low average, Daniel has difficulty interpreting non-verbal messages, such as facial cues. He has a short attention span, lacks the ability to intake, process, or retrieve information in an organized way, possesses poor visual memory, often misper-ceives the world around him, and pays excessive attention to small details. His disability inhibits social interaction with peers and impedes academic progress.

Daniel attended the Portland, Maine public schools as a special education student through the eighth grade. While he advanced from year to year, his attainments fell steadily behind those of his peers.. His progress slowed to a crawl during the 1989-90 and 1990-91 school years. By July 1991, Daniel had completed the eighth grade; nevertheless, his reading and mathematical calculation scores were at roughly a sixth-grade level and his score in applied mathematics was at a second-grade level.

Daniel’s eighth-grade year (1990-91) was interrupted by a one-month midwinter hospital stay, during which treating professionals illuminated the nature and extent of his cognitive disability. That July, Daniel’s parents placed him in a summer program at Eagle Hill, a private school in Massachusetts. They also contacted the Cleveland Clinic and arranged to have Daniel undergo a series of additional educational, neurological, and psychological examinations. Relying in part on the new information generated through the Lenns’ efforts, the Portland School Committee (Portland) shifted gears, scrapped several of its earlier (unsuccessful) approaches, and proposed an IEP for Daniel’s ninth-grade education that contained several innovations. Nevertheless, Daniel’s parents rejected the public-school-based program, unilaterally enrolled Daniel as a full-time residential student at Eagle Hill, 2 and requested a hearing on the IEP’s adequacy.

After pondering testimony from eighteen witnesses and reviewing numerous exhibits, the state hearing officer concluded that Portland’s IEP for the 1991-92 school year was “reasonably calculated to be of significant educational benefit in an environment which is much, less restrictive than Eagle Hill.” Accordingly, he rejected the Lenns’ remonstrance. The federal district court upheld the agency determination. This appeal ensued. 3

II. STATUTORY OVERVIEW

We start our substantive discussion by parsing the statutory scheme and describing how, and to what extent, parents or guardians displeased by a school board’s response to a child’s handicap may seek judicial review of an IEP.

*1086 A

To qualify for federal funding under the IDEA, a state must offer "all children with disabilities ..: a free appropriate public education." 20 U.S.C. §§ 1400(c), 1412(1). In this context, appropriateness requires that the instructional plan be custom tailored to address the handicapped child's "unique needs," 20 U.S.C. § 1400(c), in a way "reasonably calculated to enable the child to receive educational benefits." Board of Educ. v. Rowley, 458 U.S. 176, 207, 102 S.Ct. 3034, 3051, 73 L.Ed.2d 690 (1982); accord Amann v. Stow Sch. Sys., 982 F.2d 644, 647 (1st Cir.1992); Roland M. v. Concord Sch. Comm., 910 F.2d 983, 987 (1st Cir.1990), cert. denied, - U.S. -, 111 S.Ct. 1122, 113 L.Ed.2d 230 (1991). Because the IEP-a written document detailing the student's current educational level, the short-term and long-term goals of the educational plan, the specific services to be offered (including transition services), and a set of objective criteria for subsequent evaluation, see 20 U.S.C. § 1401(a)(20); 34 C.F.R. § 300.346 (1992)-comprises the centerpiece of a state's IDEA-compelled response to a particular child's handicap, the critical inquiry in a case of this genre is "whether a proposed IEP is adequate and appropriate for a particular child at a given point in time." Burlington v. Department of Educ., 736 F.2d 773, 788 (1st Cir.1984), aff'd, 471 U.S. 359, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985).

The IDEA does not promise perfect solutions to the vexing problems posed by the existence of learning disabilities in children and adolescents. The Act sets more modest goals: it emphasizes an appropriate, rather than an ideal, education; it requires an ade-. quate, rather than an optimal, IEP. Appropriateness and adequacy are terms of moderation. It follows that, although an IEP must afford some educational benefit to the handicapped child, the benefit conferred need not reach the highest attainable level or even the level needed to maximize the child's potential. See Rowley, 458 U.S. at 198, 102 S.Ct. at 3046-47; Roland M.; 910 F.2d at 992.

The IDEA also articulates a preference for mainstreaming. See 20 U.S.C. § 1412(5) (requiring states to educate handicapped and non-handicapped children together "to the maximum extent appropriate"). Translated into practical application, this preference signifies that a student "who would make educational progress in a day program" is not entitled to a residential placement even if the latter "would more nearly enable the child to reach his or her full potential." Abrahamson v. Hershman, 701 F.2d 223, 227 (1st Cir.1983); accord Hampton Sch. Dist. v. Dobrowolski, 976 F.2d 48, 52 (1st Cir.1992).

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998 F.2d 1083, 1993 U.S. App. LEXIS 17509, 1993 WL 255053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-lenn-etc-v-portland-school-committee-ca1-1993.