School Committee of the Town of Burlington v. Department of Education

471 U.S. 359, 105 S. Ct. 1996, 85 L. Ed. 2d 385, 1985 U.S. LEXIS 6, 53 U.S.L.W. 4509
CourtSupreme Court of the United States
DecidedApril 29, 1985
Docket84-433
StatusPublished
Cited by1,543 cases

This text of 471 U.S. 359 (School Committee of the Town of Burlington v. Department of Education) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School Committee of the Town of Burlington v. Department of Education, 471 U.S. 359, 105 S. Ct. 1996, 85 L. Ed. 2d 385, 1985 U.S. LEXIS 6, 53 U.S.L.W. 4509 (1985).

Opinion

*361 Justice Rehnquist

delivered the opinion of the Court.

The Education of the Handicapped Act (Act), 84 Stat. 175, as amended, 20 U. S. C. §1401 et seq., requires participating state and local educational agencies “to assure that handicapped children and their parents or guardians are guaranteed procedural safeguards with respect to the provision of free appropriate public education” to such handicapped children. § 1415(a). These procedures include the right of the parents to participate in the development of an “individualized education program” (IEP) for the child and to challenge in administrative and court proceedings a proposed IEP with which they disagree. §§ 1401(19), 1415(b), (d), (e). Where as in the present case review of a contested IEP takes years to run its course — years critical to the child’s development — important practical questions arise concerning interim placement of the child and financial responsibility for that placement. This case requires us to address some of those questions.

Michael Pánico, the son of respondent Robert Pánico, was a first grader in the public school system of petitioner Town of Burlington, Mass., when he began experiencing serious difficulties in school. It later became evident that he had “specific learning disabilities” and thus was “handicapped” within the meaning of the Act, 20 U. S. C. § 1401(1). This entitled him to receive at public expense specially designed instruction to meet his unique needs, as well as related transportation. §§ 1401(16), 1401(17). The negotiations and other proceedings between the Town and the Pánicos, thus far spanning more than eight years, are too involved to relate in full detail; the following are the parts relevant to the issues on which we granted certiorari.

In the spring of 1979, Michael attended the third grade of the Memorial School, a public school in Burlington, Mass., under an IEP calling for individual tutoring by a reading specialist for one hour a day and individual and group counsel-ling. Michael’s continued poor performance and the fact that *362 Memorial School was not equipped to handle his needs led to much discussion between his parents and Town school officials about his difficulties and his future schooling. Apparently the course of these discussions did not run smoothly; the upshot was that the Pánicos and the Town agreed that Michael was generally of above average to superior intelligence, but had special educational needs calling for a placement in a school other than Memorial. They disagreed over the source and exact nature of Michael’s learning difficulties, the Town believing the source to be emotional and the parents believing it to be neurological.

In late June, the Town presented the Panicos with a proposed IEP for Michael for the 1979-1980 academic year. It called for placing Michael in a highly structured class of six children with special academic and social needs, located at another Town public school, the Pine Glen School. On July 3, Michael’s father rejected the proposed IEP and sought review under § 1415(b)(2) by respondent Massachusetts Department of Education’s Bureau of Special Education Appeals (BSE A). A hearing was initially scheduled for August 8, but was apparently postponed in favor of a mediation session on August 17. The mediation efforts proved unsuccessful.

Meanwhile the Panicos received the results of the latest expert evaluation of Michael by specialists at Massachusetts General Hospital, who opined that Michael’s “emotional difficulties are secondary to a rather severe learning disorder characterized by perceptual difficulties” and recommended “a highly specialized setting for children with learning handicaps . . . such as the Carroll School,” a state-approved private school for special education located in Lincoln, Mass. App. 26, 31. Believing that the Town’s proposed placement of Michael at the Pine Glen School was inappropriate in light of Michael’s needs, Mr. Pánico enrolled Michael in the Carroll School in mid-August at his own expense, and Michael started there in September.

*363 The BSEA held several hearings during the fall of 1979, and in January 1980 the hearing officer decided that the Town’s proposed placement at the Pine Glen School was inappropriate and that the Carroll School was “the least restrictive adequate program within the record” for Michael’s educational needs. The hearing officer ordered the Town to pay for Michael’s tuition and transportation to the Carroll School for the 1979-1980 school year, including reimbursing the Pánicos for their expenditures on these items for the school year to date.

The Town sought judicial review of the State’s administrative decision in the United States District Court for the District of Massachusetts pursuant to 20 U. S. C. § 1415(e)(2) and a parallel state statute, naming Mr. Pánico and the State Department of Education as defendants. In November 1980, the District Court granted summary judgment against the Town on the state-law claim under a “substantial evidence” standard of review, entering a final judgment on this claim under Federal Rule of Civil Procedure 54(b). The court also set the federal claim for future trial. The Court of Appeals vacated the judgment on the state-law claim, holding that review under the state statute was pre-empted by § 1415(e)(2), which establishes a “preponderance of the evidence” standard of review and which permits the reviewing court to hear additional evidence. 655 F. 2d 428, 431-482 (1981).

In the meantime, the Town had refused to comply with the BSEA order, the District Court had denied a stay of that order, and the Pánicos and the State had moved for preliminary injunctive relief. The State also had threatened outside of the judicial proceedings to freeze all of the Town’s special education assistance unless it complied with the BSEA order. Apparently in response to this threat, the Town agreed in February 1981 to pay for Michael’s Carroll School placement and related transportation for the 1980-1981 term, none of which had yet been paid, and to continue *364 paying for these expenses until the case was decided. But the Town persisted in refusing to reimburse Mr. Pánico for the expenses of the 1979-1980 school year. When the Court of Appeals disposed of the state claim, it also held that under this status quo none of the parties could show irreparable injury and thus none was entitled to a preliminary injunction. The court reasoned that the Town had not shown that Mr. Pánico would not be able to repay the tuition and related costs borne by the Town if he ultimately lost on the merits, and Mr. Pánico had not shown that he would be irreparably harmed if not reimbursed immediately for past payments which might ultimately be determined to be the Town’s responsibility.

On remand, the District Court entered an extensive pretrial order on the Town’s federal claim. In denying the Town summary judgment, it ruled that 20 U. S. C.

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Bluebook (online)
471 U.S. 359, 105 S. Ct. 1996, 85 L. Ed. 2d 385, 1985 U.S. LEXIS 6, 53 U.S.L.W. 4509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-committee-of-the-town-of-burlington-v-department-of-education-scotus-1985.