Mrs. B. ex rel. M.M. v. Milford Board of Education

103 F.3d 1114, 1997 U.S. App. LEXIS 368
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 10, 1997
DocketNo. 1634, Docket 95-9110
StatusPublished
Cited by49 cases

This text of 103 F.3d 1114 (Mrs. B. ex rel. M.M. v. Milford Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mrs. B. ex rel. M.M. v. Milford Board of Education, 103 F.3d 1114, 1997 U.S. App. LEXIS 368 (2d Cir. 1997).

Opinion

PARKER, Circuit Judge:

Defendants filed this appeal from a final judgment entered in the United States District Court for the District of Connecticut (Squatrito, Judge), holding them responsible for payment of all costs associated with plaintiffs daughter’s placement in a private residential treatment facility under the Individuals with Disabilities Education Act (“IDEA” or “the Act”), 20 U.S.C. §§ 1401-1485. After exhausting her administrative remedies in a state due process hearing, plaintiff filed suit in district court pursuant to 20 U.S.C. § 1415(e)(2). Plaintiff claimed that defendants’ refusal to pay all costs associated with her daughter’s residential placement violated, inter alia, the IDEA in that it deprived her daughter, M.M., of a free public education appropriate for. M.M.’s special needs. . Plaintiff filed a motion for summary judgment, which the court partially granted. We affirm.

I. BACKGROUND

A. The Statutory Scheme

This case involves the nature of a state’s obligations under the IDEA to pay for a child with emotional and educational disabilities to reside at a private treatment facility. The IDEA is “an ambitious federal effort to promote the education of handicapped children.” Board of Educ. v. Rowley, 458 U.S. 176, 179, 102 S.Ct. 3034, 3037, 73 L.Ed.2d 690 (1982) (interpreting the Education for All Handicapped Children Act (“EAHCA”), subsequently amended and renamed the IDEA). Such children-include, among others, those with “serious emotional disturbance^]” and “specific learning disabilities.” 20 U.S.C. § 1401(a)(1)(A)(i); see also Rowley, 458 U.S. at 181, 102 S.Ct. at 3037-38.

To receive federal funds under the Act, a state must, among other things, put in place an approved plan to implement a “policy that assures all children with disabilities the right to a free appropriate public education.” 20 U.S.C. § 1412(1), (2). A “free appropriate public education” must include “special education and related services” tailored to the individual needs of the child, pursuant to an individualized education program (“IEP”). Id. § 1401(a)(18). The IEP is a -written program of instruction developed for the child by the local educational agency, the child’s teacher, the child’s parents or guardians, and, where appropriate, the child.. Id. § 1401(a)(20).

The Act mandates that the “special education” developed for a child in an IEP must be “specially-designed instruction, at no cost to parents or guardians, [that] meet[s] the unique needs of a child with a disability, including — (A) instruction conducted in the classroom, in the home, in hospitals and insti[1116]*1116tutions, and in other settings; and (B). instruction' in physical education.” Id. § 1401(a)(16). The Act defines the “related services” that may be a necessary part of an IEP to include “transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education____” Id. § 1401(a)(17).

A child’s parents must be notified regarding any proposed change in a child’s educational program. Id. § 1415(b)(1)(C). If a child’s parents are dissatisfied with an IEP, or anything related to the child’s education, they may file a. complaint with the state educational agency. Id. § 1415(b)(1)(E). Such complaints must be resolved at an “impartial due process hearing.” Id. § 1415(b)(2), (c). Any party aggrieved by the outcome of the state administrative proceeding may bring an action in any state or federal court of competent jurisdiction. Id. § 1415(e)(2). A court reviewing the findings and conclusions reached in a state administrative proceeding must base its decision on the preponderance of the evidence, after reviewing the administrative record and any additional evidence presented. Id. § 1415(e)(2).

B. M.M.’s Disabilities and Educational Progress

M.M. is a seventeen-year-old girl who is eligible for special education services under the IDEA due to an identified learning disability. She has been enrolled in special education programs ever since her problems were first identified by her preschool teacher. M.M. also suffers from serious social and emotional problems that greatly impair her ability to learn. These problems include hyperactivity, an inability to interact with others, and lack of self-confidence.

Beginning in 1986, at the age of seven, M.M. exhibited distracted and erratic behavior. A psychologist observed that, although of average intelligence, M.M.’s ability to learn was seriously affected by emotional problems associated with her home-life and the death of her grandmother. The psychologist’s report concluded that, beneath M.M.’s shy exterior, “[h]er inner-life is fraught with terrifying feelings of anger, fear, and sadness that go beyond her capacity to cope in a healthy way. These feelings lead to regressive behaviors, disinhibition of impulses, loss of contact with reality, and confused thought processes.” The psychologist recommended therapy.

Subsequent evaluations of M.M. echo the 1986 report. In April of 1987, the IEP prepared for M.M. noted that, although she made some progress after 1986, she displayed little motivation and had poor self-esteem. The IEP concluded that M.M. would need a highly structured educational program. In the same year, the report prepared by M.M.’s Planning and Placement Team (“PPT”) (the group, including M.M.’s mother, responsible for preparing M.M.’s educational program) recommended therapy for M.M. The IEP provided M.M. psychotherapy at the Milford Mental Health Center (“MMHC”), a community-based therapy center, as a service related to her special educational program.

In October of 1987, the IEP prepared for M.M. reported that she was beginning to initiate play and that her work habits were improving. The IEP concluded that M.M. was doing well in a structured educational environment, and would need continued emotional help, including activities to improve her self-esteem. This included ongoing counseling at the MMHC; The state agreed to pay for the costs of the MMHC family counseling for M.M. and her mother, but deleted psychotherapy from her educational program.

' In 1988, MMHC evaluated M.M. and observed that she was emotionally immature but that her intelligence was “at least in the average range.” M.M. showed signs of emotional growth and a tendency toward eoncretization in thinking. MMHC concluded that [1117]*1117she would continue to need a highly structured educational environment.

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Bluebook (online)
103 F.3d 1114, 1997 U.S. App. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-b-ex-rel-mm-v-milford-board-of-education-ca2-1997.