Jefferson County Board of Education v. Breen

853 F.2d 853
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 29, 1988
DocketNo. 87-7625
StatusPublished
Cited by32 cases

This text of 853 F.2d 853 (Jefferson County Board of Education v. Breen) 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
Jefferson County Board of Education v. Breen, 853 F.2d 853 (11th Cir. 1988).

Opinion

FLOYD R. GIBSON, Senior Circuit Judge:

The primary issue in this case is whether Bryce Hospital in Tuscaloosa, Alabama is capable of providing Alice Breen “a free appropriate public education” as provided by the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq. (the Act). The district court found that Bryce Hospital lacks the facilities necessary to treat Alice, but that the Ranch Treatment Center in Austin, Texas is capable of providing an appropriate education. For the reasons stated below we affirm.

BACKGROUND

In November 1974, at age seven, Alice Breen sustained a closed head injury in an automobile accident near Mobile, Alabama. She emerged from the resulting coma with a multitude of physical and emotional problems such as impaired memory, attention, perception, and judgment. Since the accident she has engaged in impulsive behavior, self mutilation, and suicide attempts.

Alice was placed in various public and private schools with marginal success. By the fall of 1979 she began experiencing severe psychiatric problems and had become violent. In September and December 1982 Alice was admitted to the Psychiatric Unit of University Hospital in Birmingham; the December admission was prompted by suicide attempts. From January until August 1983, Alice was under the care of Dr. Otto Eisenhardt at Hillcrest Hospital.

Alice was next treated at the Engel Day Treatment Center in Birmingham, Alabama. Apparently dissatisfied with the program at Engel, Mrs. Breen (Alice’s mother) withdrew Alice in November 1983. [855]*855In December 1983 and January 1984 Mrs. Breen contacted the Jefferson County Board of Education regarding an appropriate placement for Alice. The Board recommended that Alice be enrolled at Berry High School in Jefferson County and be provided a self-contained classroom with regular classes part-time.

Alice’s stay at Berry was short lived, however. She spent from April 9 to April 20, 1983 at Hillcrest Hospital recovering from a suicide attempt. She returned to Berry on April 27 but six days later overdosed on an over-the-counter drug and was admitted to Children’s Hospital in Birmingham under the care of Dr. Thomas Vaughan. Alice was discharged on July 9, but readmitted two weeks later. Dr. Vaughan recommended that Alice be placed at the Ranch and on September 17, 1984 she was admitted there.

Over the next fifteen months Alice received therapeutic, educational, and related services seven days per week, twenty-four hours per day. Mrs. Breen’s insurance paid for all but $9,715.26 of the costs.

Shortly after Alice enrolled in the Ranch Mrs. Breen met with the Jefferson County School Board to discuss an appropriate placement for Alice. Mrs. Breen rejected the Board’s proposal that Alice be enrolled at Gilmore-Bell High School because it did not provide services twenty-four hours per day, seven days per week.

At Mrs. Breen’s request a hearing was held to determine whether the Jefferson County Board of Education was obligated to pay for Alice’s care at the Ranch or whether by providing instate care the Board could satisfy its duty under the Act to provide an “appropriate education.” The hearing officer upheld Mrs. Breen’s decision to place Alice at the Ranch, concluding that a residential program was required. The hearing officer’s decision was affirmed by a state administrative review officer. The review officer found that “[pjrior efforts to educate Alice in day programs were not successful.” Further, “the entire group of services provided at The Ranch Treatment Center is of the type needed for Alice to be educated. The un-severability of Alice’s needs met by such services is the reason for concluding that such services are an essential prerequisite for Alice’s learning.”

In late 1985, while the administrative proceedings were pending, Alice checked out of the Ranch and returned home. Her condition rapidly deteriorated and hospitalization was once again necessary. Alice spent most of the summer of 1986 in Brookwood Hospital and upon discharge became violent toward her mother. Over the next year Alice was frequently in and out of the psychiatric unit of University Hospital in Birmingham.

On September 8, 1986 the Board filed this lawsuit in the United States District Court for the Northern District of Alabama. The Board acknowledged that Alice required residential services, but argued that she should be placed at Bryce Hospital, a state mental hospital in Tuscaloosa, Alabama.

The district court disagreed and ordered the Board to pay Alice’s $9,715.26 outstanding balance at the Ranch, to immediately place her at the Ranch, and to provide her with two years of compensatory education beyond her twenty-first birthday.

The district court placed great weight on the opinion of the Director of Neuropsy-chology at Bryce Hospital, Dr. Goff, who believed that Bryce did not have the facilities to adequately address Alice’s problems. Dr. Goff reasoned that Alice’s problems require a comprehensive treatment program combining behavioral intervention and cognitive remediation with an educational program.

The district court also considered the opinions of Dr. Julia Hannay, Professor and Director of Clinical Neuropsychology Training at the University of Houston and one of the founders of the Alabama Head Injury Foundation, and Dr. Tom Boll, Professor of psychology and the Director of the Comprehensive Head Injury Center at the University of Alabama in Birmingham. The common thread running through both opinions is that Bryce does not have the residential facilities needed to treat head injured patients such as Alice. Dr. Hannay [856]*856believed that Bryce could provide a safe environment for Alice, but it could not treat her problems. Dr. Boll stated that there were no facilities in the entire State of Alabama capable of providing Alice with the care she needs.

DISCUSSION

The Education of the Handicapped Act was enacted in response to a congressional finding that millions of handicapped children in this country were being denied an appropriate education. See 20 U.S.C. § 1400(b) (1982). The Act provides federal aid to state and local agencies which comply with its provisions. In order to qualify for federal assistance the agency must “[have] in effect a policy that assures all handicapped1 children the right to a free appropriate public education.” 20 U.S.C. § 1412(1) (1982) (emphasis added).

The Act defines “free appropriate public education” as:

special education and related services which (A) have been provided at public expense, under public supervision and direction, and without charge, (B) meet the standards of the State educational agency, (C) include an appropriate preschool, elementary, or secondary school education in the State involved, and (D) are provided in conformity with the individualized education program required under section 1414(a)(5) of this title.

20 U.S.C. § 1401(18) (1982).

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Bluebook (online)
853 F.2d 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-county-board-of-education-v-breen-ca11-1988.