Janzen v. Knox County Board of Education

790 F.2d 484, 54 U.S.L.W. 2590
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 8, 1986
DocketNo. 85-5649
StatusPublished
Cited by10 cases

This text of 790 F.2d 484 (Janzen v. Knox County Board of Education) 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
Janzen v. Knox County Board of Education, 790 F.2d 484, 54 U.S.L.W. 2590 (6th Cir. 1986).

Opinion

BOYCE F. MARTIN, Jr., Circuit Judge.

We are here called upon to determine which Tennessee statute of limitations applies to this action brought by Charles Jan-zen and his parents William and Nancy Janzen under the Education of All Handicapped Children Act, 20 U.S.C. §§ 1401-1461. The Janzens seek to be reimbursed by the Knox County Board of Education, Knox County, the Tennessee State Board of Education, and the State of Tennessee for the cost of the special private education emotionally-disturbed Charles required.

The district court held that a three-year statute of limitations, Tenn.Code Ann. § 28-3-105(3), applied and that the Jan-zens’ action was barred by this statute. The court held that the statute of limitations began to run in May, 1981, when the Janzens became aware of their cause of action for reimbursement and had begun procedures to seek reimbursement. Thus, the action filed in February, 1985, was untimely. The Janzens argue on appeal that the catchall ten-year statute of limitations, Tenn.Code Ann. § 28-3-110(3), applies.

In late 1977, the Knox County school system knew that Charles Janzen, one of their students, was emotionally disturbed and in need of special educational support services. In the spring of 1978, Charles was suspended from school. The school report, signed by Mrs. Janzen, directed that Charles would be transferred to an Intervention Unit within the public school system. He would not be allowed to attend regular classes. In the fall of 1978, the Janzens enrolled Charles in a private school. Charles was admitted to Peninsula Psychiatric Hospital for “neurological dysfunction secondary to multiple drug ingestion” in September of 1979. The psychologist treating Charles there recommended that he be sent for long-term residential care at the Brown Schools in Texas. This was done and Charles received his graduate equivalency diploma on April 11, 1981. He left the school in late May.

The Janzens filed this suit on February 14, 1985, seeking reimbursement for Charles’ education costs for the years 1978 through 1981. They have alleged repeated acts of bad faith on the part of the defendants in refusing to reimburse them and in not advising them of their rights under the Act in the early stages of Charles’ treatment.

The Education of All Handicapped Children Act requires that participating local governments such as Tennessee and Knox County provide “free appropriate public ed[486]*486ucation” for handicapped children in the school system. 20 U.S.C. § 1415(a). “Free appropriate public education” includes specially designed instruction to meet the needs of the child, such as classroom instruction, instruction in physical education, home instruction and instruction in hospitals and institutions. 20 U.S.C. § 1401(16) & (18). Support services including psychological services which may be required to assist the child in his education must also be provided. 20 U.S.C. § 1401(17) & (18). The instruction and support services are to be provided at public expense, should meet state educational standards and should approximate grade levels provided in the state’s regular education program. They should comport with the child’s individualized education program which must be developed by local education officials, parents and teachers as a written statement containing the level of educational performance of the child and the goals and the services to be provided. 20 U.S.C. § 1401(18); Hendrick Hudson Central School Dist. Bd. of Educ. v. Rowley, 458 U.S. 176, 181-82, 102 S.Ct. 3034, 3037-38, 73 L.Ed.2d 690 (1982).

Parents may request a due process hearing if they disagree with the program. The hearing findings may be appealed to federal district court, which then conducts a de novo review. 20 U.S.C. § 1415; Rowley, 458 U.S. at 205-07, 102 S.Ct. at 3050-51; Roncker on behalf of Roncker v. Walter, 700 F.2d 1058, 1062 (6th Cir.), cert. denied sub nom. Cincinnati City School Dist. Bd. of Educ. v. Roncker, 464 U.S. 864, 104 S.Ct. 196, 78 L.Ed.2d 171 (1983). Reimbursement will be made for private placement if the initial decision to place the child in a private school is made solely by the parents. The district court must first, of course, determine that the private placement was proper. Burlington School Comm. v. Mass. Dept. of Educ., — U.S. -, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985). The Janzens did not seek such a hearing prior to filing this action because they believed such action would be futile. The school board had already made clear its position that it would not reimburse the Janzens.

The various agencies moved for dismissal or in the alternative for summary judgment on several grounds, one of which was the Tennessee statute of limitations. Because the Act contains no specific statute of limitations, the most appropriate Tennessee statute of limitations must be determined by the Court. See Wilson v. Garcia, — U.S. -, 105 S.Ct. 1938, 1942, 85 L.Ed.2d 254 (1985); Board of Regents v. Tomanio, 446 U.S. 478, 483-84, 100 S.Ct. 1790, 1794-95, 64 L.Ed.2d 440 (1980). Generally, courts determine which state cause of action is most analogous to the federal cause of action. The state limitations period for that cause of action can be adopted if it is consistent with the policy of the federal cause of action. Wilson, 105 S.Ct. at 1942; Occidental Life Ins. Co. of Cal. v. EEOC, 432 U.S. 355, 367-68, 97 S.Ct. 2447, 2454-56, 53 L.Ed.2d 402 (1977); Scokin v. State of Texas, 723 F.2d 432, 436 (5th Cir. 1984).

In Wilson, a 42 U.S.C. § 1983 action, the Supreme Court provided a framework to use when deciding which state statute of limitations should apply to a federal cause of action that has no express limitations period. The Court directed that first it must be determined whether one limitations period should apply to all actions under the federal Act or whether the limitations period should vary depending on the facts of the case. Wilson, 105 S.Ct. at 1944-47.

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Janzen v. Knox County Board of Education
790 F.2d 484 (Sixth Circuit, 1986)

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Bluebook (online)
790 F.2d 484, 54 U.S.L.W. 2590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janzen-v-knox-county-board-of-education-ca6-1986.