BM v. State of Montana

BM (plaintiff) was raised by her foster parents, Fred and Leona Burger. While a kindergarten student, BM exhibited speech problems and learning difficulties. BM’s IQ was 76. Fred had BM tested by a psychologist, who recommended that BM receive special education services. School officials applied to have BM classified as mentally retarded, despite a state policy limiting eligibility for such classification to people with IQs between 50 and 75. The state (defendant) approved the classification. The school placed BM and three mentally retarded children in a program in which the children attended regular classes with the support of a special education teacher. A few weeks later, the school changed the four children’s program without informing the Burgers. After the change, the four children spent approximately 40 percent of their classroom time in a segregated resource room. Leona claimed that between the time of the change in program and the time of her learning of the change, BM’s behavior deteriorated dramatically. Leona sued the state on BM’s behalf, seeking damages allegedly caused by negligent misplacement of BM with regard to her special education program. The trial court held that the state owed no duty of care toward children negligently placed in an inappropriate special education program and granted summary judgment to the state. The trial court also held that, in any event, the state enjoyed sovereign immunity from negligence actions involving special education services. BM appealed.