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Thursday, December 22, 2011

Ind. Decisions - 7th Circuit decides one Indiana case today

In M.B. v. Hamilton SE Schools (SD Ind., Pratt), a 27-page opinion, Judge Gottschall (Honorable Joan B. Gottschall, United States District Judge for the Northern District of Illinois, sitting by designation) writes:

Damian Berns and Amy Berns, on behalf of their son, M.B., appeal the district court’s entry of summary judgment in favor of the Hamilton Southeastern Schools and Hamilton-Boone- Madison Special Services (collectively, the “School”), arguing that they are entitled to reimbursement for private education, therapy, and evaluation expenses, as well as their attorneys’ fees, because the School violated the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1491 (the “IDEA”), and the provisions relating to special education in the Indiana Administrative Code, 511 Ind. Admin. Code § 7 (2007), by failing to provide M.B. with a free appropriate public education (or “FAPE”). For the reasons that follow, we affirm. * * *

The hearing officer, the Board, and the district court unanimously agreed that the School did not deny M.B. a free appropriate public education. Given both Rowley and our standard of review, we cannot disagree with that conclusion. Thus, this court affirms the judgment of the district court.

Posted by Marcia Oddi on December 22, 2011 02:43 PM
Posted to Ind. (7th Cir.) Decisions