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Teplitz v. Mt Prospect Elem. School Dist.

OPINION FILED AUGUST 25, 1983.

ALAN TEPLITZ, A MINOR, BY HIS PARENTS AND NEXT FRIENDS, ET AL., PLAINTIFFS-APPELLANTS,

v.

MOUNT PROSPECT ELEMENTARY SCHOOL DISTRICT NO. 57 ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County; the Hon. Arthur L. Dunne, Judge, presiding.

JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:

This appeal arises from an action brought by plaintiffs, Ralph and Roberta Teplitz, parents of Alan Teplitz, a learning disabled child. Plaintiffs sued to review an order of defendant, Joseph Cronin, Illinois State Superintendent of Education, which found that they were not entitled to reimbursement for their expenses in placing Alan in a private school. The sole issue presented for review is whether plaintiffs may recover the cost of placement of their handicapped son in a nonpublic school when defendant local public school district failed to provide an appropriate learning program for him and failed to inform the parents of their right to contest the district's proposed inappropriate placement.

We affirm.

Plaintiff Alan Teplitz (Alan) and his parents, plaintiffs Ralph and Roberta Teplitz, live in Mount Prospect, Illinois, which is within the boundaries of defendant Mount Prospect Elementary School District No. 57 (school district). Alan, born on September 11, 1967, attended the school district's Westbrook Elementary School (Westbrook).

In 1975, Alan was diagnosed as having a learning disability and was placed in a learning disabilities (LD) program which consisted of placement in a self-contained LD room two or three times a week for approximately one-half hour per session. A school district staff recommendation report, dated September 5, 1975, noted that Alan's academic progress was depressed, that he had audio-visual perceptual difficulties, and motor problems as well as "some emotional overlay." The report also recommended counseling for the parents.

The Templitzes attended staffing conferences on October 25, 1975, January 26, 1977, and May 23, 1977, to evaluate Alan's performance. At the 1976 conference, it was noted that there was little or no carryover of progress from Alan's LD resource room to the regular classroom. At the January 1977 conference, the following was reported: alternate programs for Alan were discussed; Alan seemed to be making some academic progress despite apparent strange behavior in the classroom and lack of progress in day-to-day studies; there had been a change in medication in order to change Alan's classroom performance; Alan would continue in the LD program until the end of the school year, and the family agreed to explore further counseling.

At the May 1977 conference, it was reported that the Teplitz family had sought counseling and that Alan had seen a counselor on a limited basis. Alan was transferred to another homeroom in the hope that a change in environment might improve his interest and progress. The school staff received a report from a neurologist recommending that Alan be placed in a LD classroom which was highly structured and quiet. The consensus was that Alan could not adequately perform in a normal classroom, although test results showed him only slightly below normal grade level. Alan's teachers reported that his greatest problem was his inability to help himself and his general inattentiveness. The report stated that "Mrs. Gundersen will explore the possibilities of a placement in a self-contained learning disability program, possibly at Euclid School, Summit, * * *, and will report to the parents sometime in the near future." Finally, it was recommended that the family continue in the counseling program and explore the possibility of a more sustained program for Alan. At the end of the report was the statement, "The parental right to review this placement decision will be honored upon request."

The Teplitzes claimed that despite repeated attempts over the summer of 1977 to learn what arrangement had been made for Alan for the next school year, they were never advised of any possible alternative placement or of the institution of a program designed to meet Alan's educational and psychological needs. When the 1977-78 school year began, no program had been suggested for Alan. Plaintiffs then enrolled Alan at Cove School in Evanston, Illinois, a nonpublic school for children with learning disabilities.

The principal of Westbrook contacted the Teplitzes when Alan did not return to that school on August 30, 1977. A conference was arranged in September 1977 which was attended by the Teplitzes, John Gatto, Westbrook's principal, Dr. A.R. Yeslin, school psychologist and Shirley Gundersen, coordinator of special services. The staff suggested that Alan be tutored for an hour a day until he could be placed in a self-contained LD classroom in eight or nine weeks. In August 1977, the school staff had rechecked on the availability of a placement for Alan but had received no firm commitment. The Summit school district reported that a placement might be available in eight or nine weeks. The Teplitzes stated that they are unwilling to remove Alan from the Cove School.

On October 3, 1977, Earl Sutter, superintendent of the school district, informed the Teplitzes by letter that Westbrook was the most appropriate placement for Alan and that Cove School was more restrictive than was warranted by circumstances. He informed the Teplitzes of their right to file an objection in writing to the proposed placement. In a letter dated October 13, 1977, the Teplitzes informed the superintendent of their objection and requested a hearing by an impartial hearing officer.

On November 21, 1977, Richard Aronoff, an impartial hearing officer, convened a due process hearing under article 10 of the Illinois Rules and Regulations to Govern the Administration and Operation of Special Education. Persons in attendance included Earl Sutter, superintendent of district 57, Shirley Gundersen, coordinator of special services for the district, Arthur Yeslin, psychologist, John Gatto, principal of Westbrook, Carlene Heiden, Westbrook classroom teacher, Yvonne Amber, Westbrook LD teacher, Mr. and Mrs. Teplitz, and Dan Tokarski, principal of Cove School.

The hearing officer made the following findings of fact. Alan needed significant special education intervention and should be placed in a highly structured small classroom. Alan's rights were not fully observed because his parents were not notified in writing at least 10 days in advance of the district's proposed placement and were not notified of the district's inability to provide recommended services. The hearing officer recommended that Alan be placed in a self-contained LD class in a public school for at least 50% of the school day, that one hour per week of social work or an additional therapeutic program be offered to Alan and his family, and that the district provide additional diagnostic evaluation by a multidisciplinary staff for more specific delineation of Alan's needs. The hearing officer reasoned that private placement was not justified because the public schools were required to provide the type of placement he recommended for Alan.

On December 19, 1977, Shirley Gundersen informed the Teplitzes of the school district's plan to implement the recommendations of the hearing officer, but on January 13, 1978, the Teplitzes notified the district of their intent to appeal.

On June 15, 1978, the State Superintendent of Education issued an interlocutory order in which he found himself unable to determine whether Alan's rights had been observed. He ordered the school district to conduct a full case study of Alan's needs and to submit an individualized education plan. Alan was found ineligible for private placement because "his exceptional characteristics are not so profound, ...


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