Bryant v. New York State Education Department

Seven children in New York had behavioral disabilities that caused the children to engage in severe self-harming and aggressive behaviors like pulling out their own teeth or assaulting teachers. The behaviors consistently impeded the children’s abilities to learn, despite the use of special education and residential programs, hospitalization, and targeted medications. Under the Individuals with Disabilities Education Act (IDEA), each of the children was given an individualized education program (IEP) and was eventually recommended to attend Judge Rotenburg Educational Center, Inc. (JRC), a residential, special education facility. JRC provided services to students with severe behavioral problems and was often a placement of last resort. JRC began all students with positive-only treatment programs but also used negative-consequence interventions called aversives as needed to curtail especially problematic or dangerous behaviors that impeded the students’ progress or threatened harm. Aversives included nonremoveable helmets, restraints, and low-level shocks. After thorough evaluation and consultations with education experts, the New York State Education Department (department) (defendant) issued regulations that categorically banned the use of aversives by schools and residential facilities. The children’s IEPs similarly did not pre-authorize any type of aversive intervention. The parents and guardians of the children (plaintiffs) filed suit against the department in federal district court. The parents argued that the department’s categorical ban on aversives procedurally and substantively violated the IDEA by denying the children IEPs and treatment options that were necessary to guarantee a free, appropriate public education. The district court dismissed the suit for failure to state a claim. The parents appealed to the Second Circuit.