Doolittle ex rel. Doolittle v. Meridian Joint School District No. 2

919 P.2d 334, 128 Idaho 805, 1996 Ida. LEXIS 86
CourtIdaho Supreme Court
DecidedJune 21, 1996
DocketNo. 21985
StatusPublished
Cited by29 cases

This text of 919 P.2d 334 (Doolittle ex rel. Doolittle v. Meridian Joint School District No. 2) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doolittle ex rel. Doolittle v. Meridian Joint School District No. 2, 919 P.2d 334, 128 Idaho 805, 1996 Ida. LEXIS 86 (Idaho 1996).

Opinion

McDEVITT, Chief Justice.

Respondent, Brad Doolittle (Brad) is a child with hearing impairments, who qualifies for services under the Individuals with Disabilities Education Act (I.D.E.A.) 20 U.S.CA §§ 1400-1420 (West 1990). The purpose of I.D.E.A is to assure that all children with disabilities have available to them a “free appropriate public education which emphasizes special education and related services designed to meet their unique needs....” 20 U.S.C.A § 1400(c) (West 1995). Brad, by and through his parents Michael and Jeanette Doolittle, claim that the Meridian Joint School District No. 2 (School District) failed to provide Brad with a “free appropriate public education” (F.AP.E.) and seek reimbursement of costs incurred in providing an appropriate education for Brad at a parochial school. The School District claims that the Doolittles are not entitled to reimbursement because the School District complied with I.D.EA The School District also contends that it would be a violation of article IX, section 5 of the Idaho Constitution to provide Brad with a sign-language interpreter at a parochial school.

The district court concluded that the School District failed to provide Brad with a F.A.P.E. as required under I.D.E.A., that the Doolittles were entitled to reimbursement, except for transportation costs, and that the Idaho Constitution was not violated by the School District’s provision of a sign-language interpreter for Brad at a parochial school. We affirm in part and reverse in part the district court’s decision.

I.

FACTS AND PRIOR PROCEEDINGS

Brad was bom on April 11, 1982. Brad lives with his parents, Michael and Jeanette Doolittle (the Doolittles), within the boundaries of the School District. In 1985, Brad was diagnosed with a severe hearing impairment. In 1986, the Doolittles transferred Brad from a private pre-school to a special education program conducted by the Idaho School for the Deaf and the Blind (I.S.D.B.). Brad continued in the I.S.D.B. program for the balance of the 1986-1987 school year.

On May 20, 1987, the I.S.D.B. conducted a Child Study Team (C.S.T.) meeting that created an “individualized educational program” (I.E.P.) for Brad. The May 20, 1987 I.E.P., summarized Brad’s educational performance levels. Brad received low scores on auditory comprehension.

After Brad completed the I.S.D.B. preschool program, the Doolittles sought to enroll Brad in the School District’s kindergarten program at Silver Sage Elementary School (Silver Sage). The principal at Silver Sage informed the Doolittles that Silver Sage did not have a program for children with hearing impairments. The Silver Sage principal did not refer the Doolittles to another school. The Doolittles concluded it was their responsibility to find an appropriate kindergarten program for Brad.

Athough the Doolittles were aware that Jefferson School in the Boise School District had a hearing impaired program, the Doolit-tles did not enroll Brad at Jefferson School. The Doolittles thought that Brad would not qualify to attend Jefferson School since they did not live in the Boise School District and the Doolittles did not have a referral to transfer Brad to Jefferson School. The Doolittles enrolled Brad in the kindergarten program at Sacred Heart Elementary School (Sacred Heart) for the 1987-1988 school year. Sacred Heart is a parochial school [809]*809located in Boise. While attending Sacred Heart Brad did not have an interpreter, but he did receive consulting services from the I.S.D.B. There was no I.E.P. for Brad’s placement at Sacred Heart and the School District did not provide Brad any support services.

In the summer and fall of 1988, the Doolit-tles sought to arrange a C.S.T. meeting with the School District to analyze Brad’s areas of deficiency so that an appropriate placement could be found for him. On September 13, 1988, the Doolittles wrote a letter to the School District expressing their disapproval with the inaction taken by the School District. The September 13, 1988 letter, referred to the case Thornock v. Boise Indep. Sch. Dist. No. 1, and stated that the School District was required to offer Brad a F.A.P.E., to hold a C.S.T. meeting, and to develop a sufficient I.E.P. for Brad. In response to the Doolittles’ September 13, 1988 letter, Dick Leonard, the School District’s Director of Special Services, wrote the Dool-ittles, stating that he was not aware that things were not progressing smoothly. Leonard referred the Doolittles to Mike Anderson, who was the Supervisor of Special Education for the Boise School District and a consultant for speech and hearing impaired students at Jefferson School.1 Mrs. Doolittle met with Anderson and provided him with a copy of Brad’s audiograms and his 1988 speech and language evaluation. Anderson stated that if Brad did not need the facilities of a deaf classroom, the Boise School District could not help Brad. Anderson also noted that if Brad attended Jefferson School he would be in a deaf classroom for at least 30 days prior to any attempt at mainstreaming, despite the fact that Brad spent the entire previous year in a mainstream environment. Anderson referred the Doolittles back to Leonard.

Without guidance from the School District, it was the Doolittles’ responsibility to find an appropriate educational program for Brad. The Doolittles enrolled Brad in the first grade parochial program at St. Joseph’s School for the 1988-1989 school year.

On February 17, 1989, the School District developed an I.E.P. for Brad. The February 17,19891.E.P., indicated that Brad was hearing impaired and that he was functioning near his grade level, to somewhat below his grade level. For long-term goals and short-term objectives, the February 17, 1989 I.E.P., provided for consulting services, speech therapy and interpreter/aide services to bring Brad up to grade level.2 Under the February 17,1989 I.E.P., the I.S.D.B. was to continue providing consulting services for Brad. Only Brad’s academic classes were interpreted.

An I.E.P. that was developed November 26, 1990, but not signed by the C.S.T. until April 22, 1991, was not used for the 1990-1991 school year. The April 22,1991 I.E.P., was used for the 1991-1992 school year. The April 22, 1991 I.E.P., provided that the speech therapy and interpreter/aide services would continue to be provided, that Brad would be mainstreamed (participate in regular education) on a full time basis, and that special reading materials or adaptations would be discontinued. The April 22, 1991 1.E.P., provided for a qualified full time sign language interpreter to continue to be provided in the classroom and at all school activities during school hours. The services for Brad’s hearing impairment were to be offered through the Gooding School Satellite Program and annual audiological services were to be provided and paid for by the [810]*810School District. The April 22, 1991 I.E.P., set forth a full overview of the 3rd and 4th grade curriculum and set goals and objectives for Brad, i.e., that Brad would continue to proceed at an average pace and would finish the school year with the information provided in the curriculum overviews. The Doolittles did not object to the provisions of the April 22,19911.E.P.

On October 2, 1991, and April 9, 1992, the Doolittles were notified that the School District would not continue paying for a sign language interpreter at a parochial school. Consequently, Mrs. Doolittle began visiting schools in the School District where Brad could potentially be placed. Mrs.

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Bluebook (online)
919 P.2d 334, 128 Idaho 805, 1996 Ida. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doolittle-ex-rel-doolittle-v-meridian-joint-school-district-no-2-idaho-1996.