Healy v. National Board of Osteopathic Medical Examiners, Inc.

870 F. Supp. 2d 607, 2012 U.S. Dist. LEXIS 62187, 2012 WL 1574783
CourtDistrict Court, S.D. Indiana
DecidedMay 3, 2012
DocketCause No. 1:11-cv-1184-WTL-DML
StatusPublished
Cited by8 cases

This text of 870 F. Supp. 2d 607 (Healy v. National Board of Osteopathic Medical Examiners, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Healy v. National Board of Osteopathic Medical Examiners, Inc., 870 F. Supp. 2d 607, 2012 U.S. Dist. LEXIS 62187, 2012 WL 1574783 (S.D. Ind. 2012).

Opinion

ENTRY FOLLOWING BENCH TRIAL

WILLIAM T. LAWRENCE, District Judge.

Plaintiff Matthew Healy brings this suit against Defendant National Board of Osteopathic Medical Examiners, Inc. (“NBOME”) under the Americans with Disabilities Act. In the spring of 2010, [609]*609Healy applied to take the COMLEX-USA Level 1 examination administered by NBOME with accommodations due to his disabilities. Initially and on appeal, NBOME denied Healy’s request. Healy now brings this action seeking injunctive relief requiring NBOME to allow him to take the May 23, 2012, examination with accommodations. A bench trial was held on Healy’s claim on April 19 and 20, 2012. The Court now rules as follows.

I. LEGAL STANDARD

The ADA provides that “[a]ny person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or post-secondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals.” 42 U.S.C. § 12189. In order to avail himself of the protections this provision, Healy must show that he is a person with a disability, that his requests for accommodation are reasonable, and that those requests were denied. E.g., Ware v. Wyoming Bd. of Law Exam’rs, 973 F.Supp. 1339, 1356 (D.Wyo.1997). The Defendant does not dispute that NBOME falls within the purview of this section of the ADA. Additionally, there is no dispute that Healy requested accommodations and that his requests were denied by NBOME; therefore, the Court’s analysis will focus on the first two prongs.

II. FINDINGS OF FACT

Matthew Healy first realized his own limitations one day when he was riding in the car with his mother after school. Matthew, who at the time was in seventh grade, told his mother that he had trouble saying the months in order. His mother replied that, when he was young, he had the same trouble with numbers and letters. Matthew later reflected on this in a college essay about language:

From' when I was two and a half to three years old, I knew all of my numbers and letters of the alphabet, but I could not say them in order. Any letter, or number, could be pointed to, ■ and I would answer correctly, but if I was asked to say them in order, I was not able.

In the essay, Matthew methodically unfolds the story of language in his life with a depth of feeling and a degree of intimacy unlikely to be found in any court brief. In this way, Matthew’s introspective sheds valuable light on what can only be a deeply personal inquiry. Cognizant that Matthew is “able to understand more than [he] is able to communicate, in a given time period,” the Court now turns to its findings of fact, which are based in part on Matthew’s testimony.

Between the time Matthew was two and three years old, he experienced three separate “altered states of consciousness,” which consisted in varying degrees of lethargy, low-grade temperature, and disorientation. During this time, Nancy Healy, Matthew’s mother, took him to the Language Center of Olney in Olney, Maryland, for a speech-language evaluation. The evaluation revealed “almost a year’s difference between receptive and expressive language skills.” Matthew received roughly seven months of speech therapy to address this difference, and he was discharged in January 1985. Matthew underwent another speech evaluation in April of 1986, during which he displayed normal speech and receptive and expressive language skills for his age. No speech-language pathology intervention was recommended.

After attending nursery school, Matthew attended elementary school at the Montessori School of Great Falls in Great Falls, Montana, and the Montessori School of [610]*610Greenville in Greenville, South Carolina. At the age of eight, Matthew underwent another language evaluation by Dr. Madge Connor on the advice of his second-grade teacher at the Montessori School of Green-ville. At the time, Mr. and Mrs. Healy reported that Matthew was easily frustrated with his school work, and they requested a particular evaluation as to his reading skills. While the evaluation revealed a “considerable amount of scatter” in his scores on various tests, Dr. Connor found that “all of the subtests were in the average range or above suggesting that he would not have any difficulty in those processing areas as compared to the typical child his age in the classroom.” Overall, Dr. Connor found “no specific reading disability,” although she did note that Matthew presented weaknesses in his high verbal abilities that involve sequencing and sequencing questions having to do with reading comprehension. She gave him a prognosis of “very good.”

Matthew continued as a student at the Montessori School of Greenville. Records from the school for fourth and fifth grade reveal that, on achievement tests, many of Matthew’s scores placed him in the 80th and 90th percentile ranges. Matthew’s art teacher, Judy Mercer, did once remark that Matthew was “not very attentive during instruction” and seemed “distracted by those around him,” but she remarked six months later that this was “much improved.”

Report cards from Northwood Middle School similarly reveal strong academic skills. Matthew received mostly As and a few Bs on courses ranging from algebra and earth science to physical education and home economics.

Matthew’s success was not limited to the classroom. Matthew began figure skating at the age of four, and by thirteen, Matthew had qualified for the United States Figure Skating Junior National Championships in two disciplines, free skating and ice dance. At the age of fifteen, he became a member of the United States National Figure Skating Team. He was a member of the national team for five years. Matthew was also a member of the International United States Figure Skating Team from 1997 through 2000.

Matthew juggled his figure skating career with his academic life. During his time on the national team, Matthew moved to further his figure skating training and, as a consequence, he attended three different high schools. However, just as before, each school’s transcript reveals a strong academic record. At Lawrence North High School in Indianapolis, Indiana, Matthew earned mostly As and a few Bs. At Cardinal Ritter High School in Indianapolis, Matthew received As in tenth-grade Honors Algebra and Honors English, and As in eleventh-grade Honors English and Honors Pre-calculus. At the end of his eleventh grade year, Matthew ranked fifth in a class of ninety students. At Cheyenne Mountain High School in Colorado Springs, Colorado, Matthew earned As again.

After moving to Colorado Springs to train with his figure skating partner, Matthew achieved U.S. Figure Skating Gold test medals, a qualification required to compete in such elite competitions as the Olympics, in four different disciplines— Moves in the Field, Dance, Free Skating, and Free Dance. To achieve a gold test medal, a skater must invest a significant amount of time, effort, and dedication to be able to master the skills needed for the test. According to his figure skating coaches, many skaters come close to this level, but only those with true and dedicated determination and perseverance actually achieve this level of accomplishment.

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870 F. Supp. 2d 607, 2012 U.S. Dist. LEXIS 62187, 2012 WL 1574783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/healy-v-national-board-of-osteopathic-medical-examiners-inc-insd-2012.