Muller ex rel. Muller v. Committee on Special Education of the East Islip Union Free School District

145 F.3d 95
CourtCourt of Appeals for the Second Circuit
DecidedMay 22, 1998
DocketNo. 97-7201
StatusPublished
Cited by25 cases

This text of 145 F.3d 95 (Muller ex rel. Muller v. Committee on Special Education of the East Islip Union Free School District) 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
Muller ex rel. Muller v. Committee on Special Education of the East Islip Union Free School District, 145 F.3d 95 (2d Cir. 1998).

Opinion

CHIN, District Judge.

The principal issue in this case is whether Treena Muller (“Treena”), a minor, qualified for benefits tinder the Individuals with Disabilities Education Act (the “IDEA”), 20 U.S.C. § 1400 et seq. (1994) (amended 1997),1 [98]*98as a child with a “serious emotional disturbance.” Defendants-appellants Committee on Special Education of the East Islip Union Free School District and Board of Education of the East Islip Union Free School District (together, the “District”) determined that she did not qualify, and on administrative review, an Impartial Hearing Officer and a State Review Officer agreed. The district court, however, concluded that Treena did qualify. Accordingly, the district court vacated the administrative decision, ordered the District to classify Treena as having an emotional disability under the IDEA, and awarded compensatory damages and attorneys’ fees. We affirm.

STATEMENT OF THE CASE

A. The Facts

The following facts are undisputed. Tree-na Muller was born in Thailand in 1977 and lived in an orphanage until the age of four, when she was adopted by plaintiffs-appellees Henry and Catherine Muller (the “Mullers”). At that time, Treena had virtually no verbal abilities and could speak neither English nor Thai. Treena entered the East Islip School District in kindergarten, but immediately experienced difficulties in school. She was classified as “speech impaired” by the District after having had to repeat the first grade, and received special education services into the fourth grade, when she was declassified. She received .remedial reading services through the seventh grade. Despite failing multiple subjects in the seventh and eighth grades, Treena was never held back and advanced to the ninth grade on schedule. Although her grades began to improve during the first quarter of ninth grade, she began to exhibit behavior problems, such as poor attendance in school, cutting classes, failing to complete assignments, staying out late at night, and generally disobeying her parents.

On January 10,1993, following a fight with her parents, Treena attempted suicide by ingesting between 10 and 40 aspirins. After being hospitalized for three days, she returned to school but continued to perform poorly. On February 3, 1993, Treena’s parents decided to admit her to South Oaks Hospital (“South Oaks”), a private psychiatric treatment facility, for examination. Upon admission, Dr. Vera Liang conducted the initial psychiatric examination of Treena. Her report noted Treena’s history of depression and behavioral problems, and her provisional diagnosis was “Conduct Disorder, Undifferentiated]” and “Depression [Not Otherwise Specified].”

Treena remained at South Oaks for 25 days. Upon discharge, she was referred to an aftercare day treatment program to further address her “anger, depression, impulse control and family problems.” She remained in the day treatment program for another three weeks before returning to East Islip High School on March 19,1993.

Treena’s emotional and behavioral problems continued, however, and on April 5, 1993, she was readmitted to South Oaks. Treena was again diagnosed as having a conduct disorder, and the examining doctor noted her continued “dysphoric” mood. Her treatment plan indicated the probable need for continued residential treatment following her stay at South Oaks. Dr. Mark Golden, a consultant at South Oaks who treated Treena and was involved in her discharge plan, testified at a 1994 administrative hearing that Treena’s emotional and behavioral problems extended back several years. He further testified that, in his - opinion, Treena should be placed in a residential treatment center or she would likely resume her pattern of harmful behavior. After several more weeks at South Oaks, Treena was discharged and on April 30, 1993 she was referred to the Wellspring Foundation (“Wellspring”), a private residential treatment and educational facility in Connecticut primarily for individuals with serious psychological problems. •

Dr. Jeffrey Wold, the Director of Psychiatric Services at Wellspring, diagnosed Tree-na’s condition as a “conduct disorder.” Seven months later, he prepared a psychiatric evaluation that specified a “current diagnosis” of “Oppositional Defiant Disorder — in remission” and “Post Traumatic Stress Disorder — delayed and related to childhood deprivation/ adoption.” Treena’s Wellspring records are also replete with references to her continued depression, and attending to [99]*99her depression is repeatedly identified as one of Treena’s treatment goals.

The professionals at Wellspring observed that Treena responded well, both emotionally and academically, to the small, highly structured environment at Wellspring and recommended that, for the future, Treena remain in small group settings in which she could receive much needed emotional support and individualized attention. Indeed, they cautioned that Treena was likely to relapse if she were readmitted to the public school system.

In early November, 1993, while Treena was still at Wellspring, the Mullers contacted East Islip’s Director of Special Education, Patricia Cuccia, inquiring whether the District would begin paying for Treena’s private schooling at Wellspring when the Mullers’ insurance coverage ran out. Ms. Cuccia informed the Mullers that a referral to the East Islip Committee on Special Education (the “CSE”) was required first, and the proper referral was made on November 8, 1993. As part of the referral process, Treena was required to undergo further educational and psychological evaluations administered by professionals employed by the District.

Dr. Phyllis Cooperman, a psychologist for the District, conducted the psychological evaluation. In her report, she concluded that, although Treena exhibited a “tendency for depression” and had difficulty dealing with emotional stress and conflict with her parents due to poor verbal skills, at that time there was “no indication of a depressive condition which would adversely affect her ability to learn.” Tom Barry, the District employee who conducted Treena’s educational evaluation, concluded in his report that “Although Treena’s scores reveal a low average performance level, they do not indicate the need for Special Education placement.”

On January 5, 1994, following Treena’s evaluations by the District, the CSE held a meeting to consider whether Treena was in need of special education services. This initial, meeting was adjourned because additional information on Treena’s prior history was needed. The CSE reconvened on January 28,1994, at which time it considered Treena’s educational and psychological evaluations administered by the District, the admission and treatment, documentation from Treena’s stays at South Oaks and Wellspring, information regarding Treena’s academic progress, and a January 27,1994 psychiatric evaluation of Treena performed by Dr. Wold. In this evaluation, Dr. Wold indicated a current diagnosis of oppositional defiant disorder in remission and post traumatic stress disorder, but stated that Treena’s admission diagnosis had been “Oppositional Defiant Disorder with Depression.” Dr. Wold also noted in the report that Treena had made “major improvement in treatment” while in the private facilities.

At the conclusion of the January 28, 1994 meeting, the CSE was ready to vote on whether Treena needed special education services.

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145 F.3d 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muller-ex-rel-muller-v-committee-on-special-education-of-the-east-islip-ca2-1998.