MB Ex Rel. Berns v. HAMILTON SCHOOLS, 668 F.3d 851

M.B. sustained traumatic brain injury before starting kindergarten and needed early special education services.
Indiana required evaluation and IEP development within sixty instructional days after consent; the School sought consent late and conducted evaluations accordingly.
The April 30, 2008 and May 29, 2008 case conference committee meetings produced an IEP with goals for physical therapy, fine motor, language, and academics, and consideration of extended school year services.
Parents pressed for double-session (full-day) kindergarten; School declined, offering a half-day with additional services; dispute over appropriate placement persisted.
Parents moved M.B. to Lindamood Bell Learning Center in July 2008; Dr. Hudson later reported continued deficits and recommended extended school year.
A four-day due process hearing in August 2008 evaluated whether M.B. received a federally required free appropriate public education (FAPE); Board affirmed most findings; district court denied relief; the Seventh Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether M.B. received a FAPE under IDEA.	Berns alleges procedural and substantive defects denied FAPE.	School contends IEP was reasonably calculated to provide educational benefit; procedural issues were harmless.	No reversible denial of FAPE; IEP reasonable, procedural flaws harmless.
Whether the School violated child-find obligations by delaying services until May 2008.	School failed to act promptly after injury notice.	Evaluations occurred within sixty instructional days after consent; child-find satisfied.	Child-find obligations satisfied; no grounds for reimbursement.
Whether reimbursement for Lindamood Bell placement was warranted.	Private placement was necessary when the School denied double-session kindergarten.	Unilateral placement without proper showing of IDEA violation and appropriateness not proven.	Not entitled to reimbursement.
Whether plaintiffs are entitled to attorneys’ fees.	Prevailing party status should grant fees.	No prevailing party since no successful relief.	No attorneys’ fees awarded.

Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist., Westchester Cnty. v. Rowley, 458 U.S. 176 (U.S. 1982) (FAPE requires only a basic personalized program that yields educational benefit)
Todd v. Duneland Sch. Corp., 299 F.3d 899 (7th Cir. 2002) (summary judgment in IDEA cases uses the administrative record; deference to findings)
Alex R. v. Forrestville Valley Cmty. Unit Sch. Dist. No. 221, 375 F.3d 603 (7th Cir. 2004) (IDEA review with due weight to administrative determinations; progress toward goals)
Heather S. v. Wisconsin, 125 F.3d 1045 (7th Cir. 1997) (educators' input preferred over a single physician's opinion)
Roland M. v. Concord Sch. Comm., 910 F.2d 983 (1st Cir. 1990) (objective reasonableness at time of IEP creation; prospective evaluation)