Case Five: Mental Health and Special Education

United States Court of Appeals for the 4th Circuit
KRISTEN ELISABETH BAIRD, a minor by her next friend and parent, NANCY BAIRD, Plaintiffs-Appellants
v.
SUSAN ELIZABETH ROSE; INEZ COHEN; FAIRFAX COUNTY SCHOOL BOARD, and its Chairman, KRISTEN J. AMUNDSON,
Defendants-Appellees
No. 98-2064
Opinion Date: September 22, 1999

The plaintiff, Nancy Baird on behalf of her daughter, in a lower court, pled that her daughter had been discriminated against under Title II of the Americans with Disabilities Act (ADA). Her daughter Kristen had been enrolled in a show choir class which was slated to perform a spring show. Kristen missed numerous class days due to an on-going battle with sinus infections. Upon her return to school, Kristen was told by her teacher, Susan Elizabeth Rose, that her major role had been given to another student and that she had been assigned a lesser role. Kristen argued that she did know all the dance steps and lyrics for her part.  In front of other students, her teacher told her that she had an attendance policy which she must stick with and that Kristen had violated this policy. No such policy had been announced previously. Humiliated and distressed, Kristen went home that evening and attempted suicide by an overdose of over the counter pain medicine. Kristen survived this attempt but was found by her physician to be severely depressed and was placed on anti-depressants and into psychological therapy. Her parent made the school system aware of her condition through appropriate paperwork.

Upon her return to school after her suicide attempt, Kristen again made a plea to be able to retain her original role. Her teacher publically denied her request sighting that she had missed far too many classes to participate—again making these statements publically in front of other students. Kristen’s mother pled with the principal that she be allowed to retain her role and that she knew the steps and music required. She asked that her daughter be allowed to perform for her teacher to show that she could do the part. Before this could arranged, her teacher revealed the details of her request to the class and stated that because of Kristen’s request she would have to reassign other students who had excessive absences to smaller roles. Again, she made these statements in front of the entire class. The next day her mother attended class with her to make the appeal that her daughter should be allowed to show that she was capable of doing the part in front of an independent judge—telling the teacher that the role had a significant importance to Kristen’s mental health.

The teacher, the principal, and the system denied this request, citing a class attendance policy (one which had never been stated before Kristen’s case) and the fact that other students who missed class had been equally re-assigned lesser parts. Kristen fell into a severe depression and missed numerous days of school. She was not allowed to audition in front of an independent grader, and did not participate in the show.

The appellate court sided in favor of the Appellants, citing discrimination under ADA. The appeals court reversed all of the lower courts decisions but one. They did find that, under Virginia Law, the wrong-doer’s conduct was intentional, the wrong-doer’s conduct caused the emotional distress, and that the emotional distress was severe. However, they did not find necessary proof to justify the claim that the “conduct was outrageous and intolerable in that it offends generally accepted standards of decency or morality.” Generally speaking then, the court deemed that Rose’s conduct was abusive and therefore discriminatory—especially in light of her knowledge of Kristen’s emotional state and her overall mental health.

This case is significant because it establishes “depression” as a key term as related to school law and codifies mental health as a term which operates not only under ADA, but under the auspices of special education law as well.