Brent C. v. San Diego Unified Sch. Dist.

No. 96-1377-IEG (S.D. Cal. Aug. 11, 1996) ; Clearinghouse Number: 51593

Description

Students with Disabilities Are Entitled to Transportation Services to Day Treatment Program During the Summer when Regular School Is Not in Session

Abstract

The district court has granted plaintiff students’ motion for a temporary restraining order in this action challenging defendant school district’s decision to terminate transportation services to plaintiffs following the end of the school year. Plaintiffs, students who have been identified as severely emotionally disturbed, had been receiving transportation from their homes to their educational programs, based in a community day treatment facility, where they received both academic and psychotherapy services. Although the school year ended in July, plaintiffs’ day treatment programs were scheduled to continue through to the start of the new semester. Without notice to plaintiffs’ families, defendant terminated all transportation services to plaintiffs for the remainder of the summer on the ground that it was not defendant’s responsibility to provide such transportation when defendant’s schools were not in session. Plaintiffs initially sought administrative review of defendant’s decision. However, the hearing officer denied plaintiffs’ motion for an emergency "stay put" order pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., holding that (1) the mental health services plaintiffs received at day treatment were not additional services covered by the children’s Individualized Education Plans, and (2) defendant had no responsibility to continue those services pending the administrative hearing. Plaintiffs then filed the instant action. Granting plaintiffs’ motion for a temporary restraining order, the court held that defendant’s refusal to provide plaintiffs transportation to their day treatment program exposed them to irreparable harm by causing severe regression in their progress and to the possibility of being discharged from the program due to absence. Taking judicial notice of Walnut Valley Unified Sch. Dist., No. 465-95, in which the Special Education Hearing Office held that a school district is responsible for transportation of students to day treatment programs to receive mental health services during the summer, the court held that plaintiffs were likely to succeed on the merits at their upcoming due process hearing. Counsel notes that defendant subsequently agreed to provide to all special education students transportation to the students’ related treatment programs when school is not in session.

Additional Information

Docket Date
1996-08-11 00:00:00+00:00