Greer ex rel. Greer v. Rome City School District

950 F.2d 688
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 26, 1991
DocketNo. 90-9140
StatusPublished
Cited by2 cases

This text of 950 F.2d 688 (Greer ex rel. Greer v. Rome City School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greer ex rel. Greer v. Rome City School District, 950 F.2d 688 (11th Cir. 1991).

Opinion

CLARK, Senior Circuit Judge:

Christy Greer is a handicapped child. She brought this action, through her father, against her local school district contending that it had failed to comply with the Education of the Handicapped Act, 20 U.S.C. §§ 1400-1485 (now known as the “Individuals with Disabilities Education Act” pursuant to an amendment effective October 1,1990).1 The Greers contend that the Individualized Education Program (IEP) prepared by the school district for Christy is inappropriate because it provides for her placement in a self-contained special education class at a school other than her neighborhood school, rather than in a regular class with nonhandicapped students at her neighborhood school. The issue before us is whether the school district’s proposed placement of Christy, pursuant to the IEP, violates the requirement of the Act that handicapped children be educated in the “least restrictive environment,” that is, that they be educated to the maximum extent appropriate with children who are not handicapped.

I.

Christy Greer is a ten year old girl with Down’s Syndrome. She lives with her parents in the Rome City School District. In 1986, when Christy was five, her parents first sought to enroll her in the kindergarten program at Elm Street Elementary School, her neighborhood school, for the 1986-87 school year. Christy’s mother noted on the school registration form that Christy had Down’s Syndrome and several resulting disabilities, including speech and learning disabilities. The school district sought to evaluate Christy, but her parents resisted. They were under the impression [691]*691that the outcome of the evaluation was predetermined and would inevitably lead to placement of Christy in a segregated special education program at a school other than Elm Street. When the school board insisted on an evaluation, Christy’s parents decided not to enroll her in school for the 1986-87 year and to work with her at home to get her ready for kindergarten.

Christy’s parents brought her back to Elm Street in 1988, when she was seven, for enrollment for the 1988-89 school year. The school district again sought to evaluate Christy, and her parents again resisted. The school district then initiated administrative proceedings to compel the Greers to allow Christy to be evaluated. During the pendency of the administrative proceedings, Christy attended the regular kindergarten class at Elm Street.

On August 30, 1988, a hearing was conducted before a regional hearing officer to determine whether Christy should be evaluated. After hearing the evidence, the regional hearing officer rendered a decision in favor of the school district, and the state hearing officer affirmed this decision. Accordingly, Christy was evaluated on December 16, 1988 and January 5, 1989 by a psychologist and a psychometrist, both of whom were employees of the Georgia Department of Education. They concluded that Christy functioned like a moderately mentally handicapped child and that she had significant deficits in language and articulation skills. They recommended “special education services in the areas of speech/language and mentally handicapped” and “an educational setting that affords highly individualized instruction which utilizes multisensory teaching strategies.” 2

On January 23, 1989, the school district convened a placement meeting to discuss the evaluation, develop an Individual Education Program (IEP) for Christy, and make a placement decision. Present at this meeting were the school district’s special education director, Christy’s regular education kindergarten teacher, the psychologist and psychometrist who had evaluated Christy, a speech/language pathologist, a special education teacher, the Elm Street School principal, and Christy’s parents. The school district presented Christy’s parents with a proposed IEP for Christy, which had been drawn up by school officials prior to this meeting. School officials explained to Christy’s parents that she required more attention than other children in the regular kindergarten class, that she was not keeping up with the kindergarten curriculum, and that she required repeated rehearsal and practice of basic skills in an individualized setting. The school psychologist expressed his belief that, although Christy may make some progress in a regular kindergarten class, she would make more progress in a special education class. In support of his belief, the psychologist explained that special education teachers were specifically trained to work with children like Christy, but he did not give any concrete examples of other children like Christy who had progressed in special education.3 The school district proposed placing Christy in a self-contained special education class, that is, a class attended only by mentally handicapped children. The self-contained class was located at Southeast Elementary School, which also had classes for nonhandicapped children. In addition to instruction in the self-contained class, the IEP proposed by the school district for Christy provided for speech therapy and for some activities with nonhandi-capped kindergarten children at Southeast, specifically, physical education, music, and lunch. Christy’s parents disagreed with the school district’s proposed placement and requested time to review the school district’s proposal. The meeting was adjourned until February 8, 1989.

Between the January 23rd meeting and the February 8th meeting, Christy’s parents had her independently evaluated by a psychologist in private practice in Rome, Georgia. This evaluation was generally consistent with that performed by the [692]*692school district, except that the psychologist believed that Christy’s I.Q. score was depressed by a possible attention disorder and by her unintelligible speech. The psychologist also expressed his concern over placing Christy in a self-contained special education class:

I share your concern that if Christy is placed in some type of self-contained special education class that she will not have those peer models to imitate and therefore will not be intellectually stimulated and will be cheated of the opportunity to cognitively stretch herself to the limits.4

Christy’s parents presented this independent evaluation to school officials when the placement committee meeting reconvened on February 8, 1989. School officials reviewed the evaluation, but declined to make any adjustments to the proposed IEP or to their proposed placement of Christy. Christy’s parents rejected the school district’s proposal, suggesting that Christy remain in a regular kindergarten class, with that instruction supplemented by some speech therapy. The school board rejected the parent’s proposal. Thus, the parties reached a stalemate.

It is significant that neither the transcripts and minutes of the placement committee meetings nor the proposed IEP indicate that school officials considered any options other than the two extremes presented by the parties, that is, the school district’s proposal for instruction in a self-contained class and the parents’ proposal for instruction in a regular class supplemented only by speech therapy. Indeed, the minutes of the February 8, 1989 meeting, which were prepared by the school district, read as follows:

OPTIONS CONSIDERED — ACCEPTED/REJECTED/REASONS:

1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Percy Claybourn v. John Summerville
21 F.3d 430 (Seventh Circuit, 1994)
Greer v. Rome City School District
950 F.2d 688 (Eleventh Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
950 F.2d 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greer-ex-rel-greer-v-rome-city-school-district-ca11-1991.