DocketNumber: File No. 319
Citation Numbers: 390 A.2d 408, 35 Conn. Super. Ct. 501
Judges: PARSKEY, J.
Filed Date: 11/10/1977
Status: Precedential
Modified Date: 5/5/2017
The state filed a petition against the defendant for support of the defendant's child who was a patient at High Meadows, a state institution. The defendant impleaded and filed a third-party complaint against the town of New Canaan claiming that the town was obligated to pay a proportionate share of the cost of that support. The trial court rendered judgment on the petition in favor of the state in the amount of $16,576.15. It also rendered judgment on the third-party complaint in favor of the third-party plaintiff, the named defendant, in the amount of $9945.69. Both the state and the third-party defendant, the town of New Canaan, have appealed from the judgment on the third-party complaint.
In the main the basic facts are not disputed. The defendant Frederick Stecher is a resident of the town of New Canaan. His son Robert was a patient at the state institution at High Meadows from September 10, 1969, to December 23, 1971. Prior to that time Robert had been enrolled in the New Canaan elementary school system. Robert was involved in the school system's special education program from the time he was in first grade until the end of the school year in 1969.
In the latter part of 1968 and in the beginning of 1969 Robert became increasingly difficult to handle within the school system. Placement of Robert in another type of educational program was recommended by the New Canaan school authorities. Private placement was initially recommended but, upon the occurrence of a vacancy at High Meadows, arrangements were made by the school authorities with the consent of Robert's mother and father to send Robert to the state institution. Prior to Robert's admission to High Meadows his father *Page 503 Frederick agreed to pay the per capita cost of support provided by statute, which cost Frederick Stecher was financially able to pay.
The trial court found that 60 percent of the cost of Robert's treatment at High Meadows is attributable to the cost of his special education and that of the total per capita cost billed to Frederick Stecher 60 percent was reimbursable by the town. Whether the court was correct in so finding requires a discussion of the constitutional and statutory rights and obligations of the parties.
Although education is not among the rights explicitly or implicitly protected by the federal constitution; San Antonio Independent School District v. Rodriguez,
Section
The state and the town of New Canaan contend that High Meadows cannot qualify as a special educational institution because, except for the limited purpose of assuring compliance with the federal education act, it is under the jurisdiction of the state department of mental health and not the state board of education. That contention is not well taken. Whether High Meadows provides special *Page 505
education for any of its patients is to be determined by the content of its program and by whether that program meets the criteria of special education spelled out in the applicable statute and in the regulations adopted pursuant thereto and not by the departmental structure of the executive branch of government. There is nothing in the special education statutes; General Statutes
The state and the town assert that to apply
An area of disputed facts arises out of a challenge to the qualification of Charles Leonard to give an opinion respecting allocation of expenditures at High Meadows. Over objection Leonard was permitted to testify that 60 to 65 percent of the per capita costs at High Meadow was properly allocable to special education. The basis of the objection was that Leonard was not qualified in the field of education or accounting.
To qualify a witness as an expert it must be shown that he has peculiar knowledge or experience which renders his opinion based on that knowledge or experience an aid to the trier. United Aircraft Corporation v. International Assn. of Machinists,
Leonard had been hired by the state of Connecticut to assist in the establishment of High Meadows and has been its superintendent since its inception. He has had considerable experience with maladjusted children during his tenure at High Meadows and for many years prior thereto. As superintendent he had prepared and sent the accounts and budget figures to the state and he was fully familiar with all aspects of the High Meadows operation. One aspect of that operation is to provide a full-time education and training program, the goal of which is to train and educate emotionally maladjusted children to live and become productive members of *Page 507 society. Those facts furnished a sufficient foundation of experience to satisfy the requirements of Taylor and Wray, supra.
The trial court not only accepted Leonard's estimate that 60 percent of the per capita cost at High Meadows was allocable to special education but also used that percentage as a basis for rendering an award against the town of New Canaan. The trial court found that the town was responsible for 60 percent of the amount billed to Frederick Stecher. If the per capita cost billed as support reflected the true per capita cost at High Meadows the trial court would have been correct in its calculation. The true per capita cost, however, was far in excess of the amount billed. For example, during one period, when Frederick Stecher was billed at the rate of $26 per day the actual daily cost was about $56. If we assume that only 40 percent or $22 was properly chargeable for noneducational support, then the daily overcharge during that period was only $4, and at a later period when Frederick Stecher was billed at a daily rate of $3.85 there was no overcharge at all. Thus, even if the town were legally liable to reimburse Stecher for special education obtained at a state institution the amount of reimbursement would require recalculation.
Although we have concluded that
There is error, the judgment for Frederick Stecher, the third-party plaintiff, is set aside and the case is remanded with direction to render judgment for the town of New Canaan on the third-party complaint.
In this opinion A. HEALEY and A. ARMENTANO, Js., concurred.
San Antonio Independent School District v. Rodriguez , 93 S. Ct. 1278 ( 1973 )
Bialeck v. City of Hartford , 135 Conn. 551 ( 1949 )
Risi v. City of Norwalk , 144 Conn. 525 ( 1957 )
United Aircraft Corporation v. International Assn. of ... , 169 Conn. 473 ( 1975 )
Board of Education of Stamford v. Board of Finance , 127 Conn. 345 ( 1940 )
Oborski v. New Haven Gas Co. , 151 Conn. 274 ( 1964 )
Horton v. Meskill , 172 Conn. 615 ( 1977 )
Wray v. Fairfield Amusement Co. , 126 Conn. 221 ( 1940 )
Groton & Stonington Traction Co. v. Town of Groton , 115 Conn. 151 ( 1932 )