M.B. ex rel. Berns v. Hamilton Southeastern Schools
668 F.3d 851
7th Cir.2011Background
- M.B. sustained a traumatic brain injury as a preschooler in 2007 and parents requested IDEA-based special education services.
- Indiana law required evaluation within sixty instructional days after parental consent and a case conference committee (CCC) to draft an IEP.
- Parents authorized an evaluation; Dr. Hudson diagnosed borderline to mild neurocognitive impairment and urged extensive schooling.
- The April CCC tentatively found eligibility; the May CCC offered revised IEP options, including possible double-session kindergarten, which parents rejected.
- M.B. began partial early childhood services in May 2008 but parents pressed for full-day kindergarten; CCC did not finalize a new IEP in May.
- After interim evaluations and due process proceedings, the hearing officer and Board found no denial of a FAPE; district court affirmed and denied reimbursement and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the School provided a FAPE under IDEA despite procedural flaws. | Berns contends procedural and substantive flaws deprived FAPE. | School argues procedural flaws were harmless and FAPE was provided. | No reversible denial of a FAPE; substantive adequacy affirmed. |
| Whether School failed child-find obligations by delaying services. | Delay in services violated child-find obligations. | Evaluation occurred within sixty instructional days after consent. | School complied with child-find requirements. |
| Whether Lindamood Bell placement was properly reimbursable. | Private Lindamood Bell placement was necessary and justified. | Private placement not appropriate or required. | Reimbursement not awarded; private placement not proven appropriate. |
| Whether parents are prevailing party entitled to attorneys’ fees. | If any issue prevailed, fees should be awarded. | No prevailing party due to lack of successful claims. | No attorneys’ fees awarded. |
Key Cases Cited
- Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458 U.S. 176 (U.S. 1982) (FAPE requires only reasonable educational benefit; not the best possible)
- Alex R. v. Forrestville Valley Cmty. Unit Sch. Dist. No. 221, 375 F.3d 603 (7th Cir. 2004) (IDEA standard; deference to educators but need broad evidence)
- Todd v. Duneland Sch. Corp., 299 F.3d 899 (7th Cir. 2002) (summary-judgment review limited to administrative record with deference to agency findings)
- Evanston Cmty. Consol. Sch. Dist. No. 65 v. Michael M., 356 F.3d 798 (7th Cir. 2004) (IEP must be reasonably calculated to provide educational benefit)
- Roland M. v. Concord Sch. Comm., 910 F.2d 983 (1st Cir. 1990) (projections of IEPs evaluated prospectively, not in hindsight)