Doe ex rel. Doe v. Smith

879 F.2d 1340, 1989 WL 75926
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 13, 1989
DocketNo. 88-5398
StatusPublished
Cited by4 cases

This text of 879 F.2d 1340 (Doe ex rel. Doe v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe ex rel. Doe v. Smith, 879 F.2d 1340, 1989 WL 75926 (6th Cir. 1989).

Opinion

ALAN E. NORRIS, Circuit Judge.

Charles Smith, Commissioner of the Tennessee Department of Education, and the Sumner County Board of Education appeal from a decision of the district court under the Education For All Handicapped Children Act of 1975 (“the EAHCA”), 20 U.S.C. § 1400 et seq. (1978). The district court concluded that the school system had failed to provide John Doe with a free and appropriate public education as required by the EAHCA and ordered the school system to pay for his tuition at a private, residential facility. For the reasons discussed below, we reverse the district court and remand in [1341]*1341order that the administrative procedures prescribed by the EAHCA may be fully exhausted.

I.

The EAHCA makes federal funds available to the states in order to assist them in educating handicapped children, on the condition that the states comply with the goals and procedures provided for by the Act. Board of Educ. v. Rowley, 458 U.S. 176, 179, 102 S.Ct. 3034, 3037, 73 L.Ed.2d 690 (1982). It was passed in response to the perception of members of Congress that handicapped children were excluded from schools or were not participating in their classrooms. Id. The main requirement of the EAHCA is that each participating state provide a “free and appropriate education” to all handicapped children within its jurisdiction. 20 U.S.C. § 1412(2). “[T]he ‘basic floor of opportunity’ provided by the Act consists of access to specialized instruction and related services which are individually designed to provide educational benefit to the handicapped child.” Rowley, 458 U.S. at 201, 102 S.Ct. at 3048 (footnote omitted). While, in order to be “appropriate,” the educational benefits provided by the states must be more than de minimis, Polk v. Central Susquehanna Intermediate Unit 16, 853 F.2d 171, 182 (3d Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 838, 102 L.Ed.2d 970 (1989), they need not maximize the potential of each handicapped child commensurate with the opportunity provided nonhandicapped children. Rowley, 458 U.S. at 204 n. 26, 102 S.Ct. at 3049 n. 26. The standard is satisfied “by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction.” Id. at 203, 102 S.Ct. at 3049.

The public education required by the EAHCA is to be tailored to the unique needs of each handicapped child and set forth in an Individualized Educational Program (“IEP”). 20 U.S.C. § 1401(a)(18). An IEP is prepared by a representative of the local educational agency, the child’s teacher, the child’s parents, and, whenever appropriate, the child (together, the “M-Team”). 20 U.S.C. § 1401(a)(19). It must be reduced to writing and contain a statement of the present levels of educational performance, annual goals, the specific educational services to be provided, and objective criteria and evaluation procedures. Id. At least annually, a local educational agency must review the IEP and revise it when appropriate. 20 U.S.C. § 1414(a)(5).

The EAHCA also imposes various procedural requirements. For example, parents must be notified of any proposed change in their child’s IEP. 20 U.S.C. § 1415(b)(1)(C). A parent who is dissatisfied with any aspect of his or her child’s education is entitled to a due process hearing. 20 U.S.C. § 1415(b)(2). That hearing may be conducted by the state educational agency, or by the local educational agency or intermediate educational unit, although an employee of an agency or unit involved in the education or care of the child may not conduct the hearing. Id. Furthermore, if the hearing is before a local educational agency or intermediate educational unit, a direct appeal must be provided to the state educational agency. 20 U.S.C. § 1415(c). An aggrieved party may appeal from the decision of a due process hearing to either a state court or to federal district court. 20 U.S.C. § 1415(e)(2). The party challenging the administrative determination assumes the burden of persuading the court that the determination was incorrect. Ker-kam v. McKenzie, 862 F.2d 884, 887 (D.C. Cir.1988).

II.

John Doe is a handicapped child as defined by § 1401(a)(1) of the EAHCA. He suffers from agenesis of the corpus callo-sum, which is a language disorder that impairs communication between the two hemispheres of his brain. At the time this action was initiated, Doe was sixteen years old and about to enter the tenth grade in the Sumner, Tennessee school system. With the exception of one year — when he attended a private school — he had been in the Sumner school system since he was in the second grade.

[1342]*1342Doe’s parents participated in the formation of his IEP for the 1984-85 school year; however, in the spring of 1985, they became dissatisfied with its implementation. His mother, Mary Doe, requested a due process hearing to resolve the dispute that had arisen between the Does and the school system. The state appointed an employee of another school system to conduct the due process hearing. The hearing was held on June 18, 1985, and the hearing officer determined that the school system had provided Doe with an appropriate education as required by the EAHCA. There was no appeal from that determination.

Doe attended the school system in 1985-86 and, on April 25, 1986, the M-Team, including Mary Doe, set out to develop a new IEP for the 1986-87 school year, the year he would be entering high school. According to the district court, the following occurred at that meeting:

Plaintiffs mother attended the meeting with her lawyer. The resource teacher attempted to explain what programs the high school could offer to assist plaintiff. Plaintiffs mother, however, prevented the teacher from describing the high school’s program, telling the M-Team members that she was not there “to investigate the possibility of high school_ It was [not] appropriate.” Instead, she requested that the M-Team develop an IEP placing plaintiff in the Brehm School, which is located in Car-bondale, Illinois_ The M-Team refused plaintiff’s mother’s request and stated that it was not proper to go from an educational program that was almost the least restrictive to one that was the most restrictive.

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Sixth Circuit, 2004
Brown Ex Rel. Brown v. Wilson County School Board
747 F. Supp. 436 (M.D. Tennessee, 1990)
Doe v. Smith
879 F.2d 1340 (Sixth Circuit, 1989)

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Bluebook (online)
879 F.2d 1340, 1989 WL 75926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-ex-rel-doe-v-smith-ca6-1989.