Renner v. Board of Education of the Public Schools of Ann Arbor

185 F.3d 635
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 26, 1999
DocketNo. 98-1162
StatusPublished
Cited by7 cases

This text of 185 F.3d 635 (Renner v. Board of Education of the Public Schools of Ann Arbor) 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
Renner v. Board of Education of the Public Schools of Ann Arbor, 185 F.3d 635 (6th Cir. 1999).

Opinion

WELLFORD, Circuit Judge.

Plaintiffs, Brian and Kim Renner, suing on behalf of their son, Martin (“Marty”), challenge the grant of summary judgment by the district court in favor of the defendant, Board of Education of the Public Schools of the City of Ann Arbor (“AAPS”).1 They contend that the individualized educational plan (“IEP”) adopted by AAPS to deal with the special problems of young Marty, an autistic child who was born in late 1991, was inadequate. For the following reasons, we AFFIRM the district court.

I.

A. FACTS

According to plaintiffs, Marty exhibited “signs of a disability” at a very early age prior to their moving to Ann Arbor in late 1993. When contacted by plaintiffs seeking assistance for Marty, the AAPS, in February 1994, determined early eligibility [638]*638and placed him in a preprimary impaired program (“PPI”). Defendant afforded speech therapy in a group format at school and visited the Renner home regularly to help develop language and interaction skills. Plaintiffs were not satisfied with these efforts, and thus, a Multidisciplinary Evaluation Team (“MET”)2 tested Marty, finding, among other things, deficits in social interaction and communication skills. Plaintiffs at first refused to accept the findings indicating autism and wanted Marty retained in the PPI program. Following a conference between the parties in May 1994, AAPS devised a PPI program which would require schooling three hours a day for four days a week. The IEP which was developed also called for weekly sessions of speech and therapy. After some months, plaintiffs claimed no observable progress in their two-year old son’s situation, and they conceded Marty’s autism.

In 1994, plaintiffs sought another opinion about early education; they consulted Dr. Luke Tsai, a child psychiatrist at the University of Michigan. Dr. Tsai confirmed the autism evaluation. AAPS eon-vened another MET in early 1995 at plaintiffs’ request. Before the subsequent Individualized Educational Planning Committee (“IEPC”)3 meeting to consider another IEP, plaintiffs sought out the services of Dr. Patricia Meinhold, a behavioral psychologist and assistant professor at Western Michigan University who was a dedicated follower of a methodology in treating autistic children initiated by Dr. Ivan Lovaas.4 The emphasis in the Lovaas approach recommended by Dr. Meinhold was extensive home treatment with parental involvement.

When Marty reached three, plaintiffs began to interview potential home tutors, and, by February 1995, “they advised the District AAPS of their intent to begin a trial of home-based DTT.” Plaintiffs’ Brief at 6. Consistent with that interest, plaintiffs asked for a “one-on-one aide” for twelve weeks to encourage Marty to participate in PPI activities at the school. AAPS provided such an aide, but plaintiffs found her unsatisfactory. On their own, plaintiffs instituted a Lovaas-type DTT program in their home in March 1995. By the end of the school year, plaintiffs had [639]*639increased the hours of the DTT program in their home from ten hours to about twenty-five hours a week.

In April 1995, plaintiffs met with Dr. Meinhold, who looked at videotapes of Marty’s home activities and observed him with the home tutor selected by plaintiffs. Plaintiffs believed that in the home tutoring program them son was making progress and followed Dr. Meinhold’s recommendation to “increase the intensity” of Marty’s home-based DTT program to as much as thirty-five hours a week. During this time, spring and summer of 1995, plaintiffs’ son was absent from AAPS activities and sessions at school as had been planned by them.

AAPS placed Marty in a new program in September 1995 for four hours a day, five days a week, which included some DTT direction. AAPS presented the new IEP to the Renners for approval, and Mrs. Renner signed this plan.5 When Marty resumed schooling in accordance with the IEP, the hours of one-on-one home DTT were reduced accordingly. Dr. Meinhold observed at the end of September that Marty was making progress, but plaintiffs claim that defendant’s new requirements brought about behavior deterioration in Marty. Soon thereafter, plaintiffs presented to defendant a list of their “concerns” about Marty’s development, claiming, among other things, that Marty was not receiving one-on-one school DTT but rather, the school provided only a one-teacher-to-two-students basis of instruction. Defendant arranged a conference promptly, but there was disagreement as to the number of DTT hours demanded with one-on-one instruction, and an asserted lack of coordination between the school and home programs.6

This September 1995 IEP, which was the subject of the first serious dispute between the parties, had several provisions. First, it provided for a new class for students, such as Marty, who lacked rudimentary communication skills. Second, it provided for increased classroom instruction, generally a ratio of seven students to one teacher and four aides. In addition, two days a weeks, there was to be a speech and language teacher, and once a week, a special therapist. Other child specialists, including a nurse, were also available. DTT was incorporated into part of each day. Marty’s former teacher, Linda Singer, was to' continue in charge of Marty under the 1995 IEP. AAPS sent Singer and another teacher to the Renner home, and Mrs. Renner visited the AAPS facility to meet with one of Marty’s tutors to demonstrate the home training given Marty. AAPS agreed that the September 1995 IEP was limited to a one-month trial period with a possible revision thereafter.

Another conference on the school IEP was arranged in December 1995, but no agreement was reached. Plaintiffs thereafter requested a “due process” hearing, pursuant to the provisions of the Individuals with Disabilities Act (“IDEA”), 20 U.S.C. § 1400 et seq., and withdrew Marty from the school program. The Renners then proceeded to increase their home-based DTT program.7 AAPS maintains that the proposed December 1995 IEP came about after its offer to reimburse plaintiffs for one and a half hours of daily home DTT. The parties disagree as to whether this offer would replace school-time DTT. There were discussions about the frequency of submission of trial data to the plaintiffs and the frequency of home [640]*640visits by school personnel, as well as parent observation periods at school.8

Plaintiffs also requested that defendant pay Dr. Meinhold for an independent evaluation, which was completed in March 1996 after several observations.9 Dr. Meinhold rendered her opinion that the December IEP was inadequate and inappropriate; her suggested program mandated:

(1) forty hours of DTT a week, divided between the home and school environments; (2) an extended school year; (3) weekly team meetings between the school, the parents and the tutors; (4) staff training and supervision by a consultant with experience in implementing DTT with young autistic children; (5) recorded trial-by-trial data on Marty’s responses to DTT; and (6) appropriate opportunities for interaction with non-handicapped peers.

Plaintiffs’ Brief at 9.

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Renner v. Board Of Education
185 F.3d 635 (Sixth Circuit, 1999)

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Bluebook (online)
185 F.3d 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renner-v-board-of-education-of-the-public-schools-of-ann-arbor-ca6-1999.