Plaintiff Rosemary B. sought special education services for her son Michael from Defendant Board of Education of Community High Sсhool District No. 155 (the “Board”) under the Individuals with Disabilities in Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. Following several requests for hearings and a successful settlemеnt, in which the plaintiff and the Board agreed to an Individualized Education Plan (“IEP”), the plaintiff filed a complaint in federal court fоr attorney’s fees. The Board moved for summary judgment on the grounds that the plaintiff had failed to file the complaint within the statute оf limitations. After striking the plaintiffs response to the Board’s motion, the district court granted the Board summary judgment. We. now affirm.
The presеnt dispute began on January 13, 1993, when the plaintiff, dissatisfied with the educational services being provided to her son, had her attornеy, Margie Best, send the Board a request for a Level I hearing. 1 Best withdrew the application on April 25, 1993, but reinstated it three days lаter. After negotiations, the parties reached an agreement on June 3, 1993, and Best again withdrew the request on June 6, 1993. On Septеmber 2, 1993, the parties signed an IEP stipulating the services that the School District would provide to Michael.
The plaintiff filed an indeрendent suit under 20 U.S.C. § 1415(e)(2) against the Board on March 25, 1994, seeking recovery pursuant to 20 U.S.C. § 1415(e)(4)(B) for attorney’s fees arising out of services rendered by Best in obtaining an IEP for Michael. The Board responded with a motion for summary judgment and statement of undisputed facts, contending that either a 90 or 120-day time limitation applied to the case and thereby barred the plaintiffs action. On June 30, 1994, the plaintiff filed her response to the motion for summary judgment, including a response to the statement of undisputed facts and a statеment of additional facts.
On August 26, 1994, at a hearing attended only by the Board’s attorney, the district court struck the plaintiffs response to the Board’s summary judgment motion on the grounds that the response failed to comply with Local Rule 12(n) (N.D.I11.). Rule 12(n) requires that such respоnses include, in the case of any disagreement over facts or in the submission of any additional material facts, “specific references to the affidavits, parts of the record, and other supporting materials relied upon.” The district court аgreed with the Board that the plaintiffs response did not contain specific reference to supporting material and that the supporting material itself was insufficient. Left with no response to the Board’s motion, the district court granted the Board summаry judgment.
In the time between the district court’s decision and the instant appeal, this Court held that the limitation period for an attоrney’s fees case brought in Illinois under the IDEA is the 120-day period found in the Illinois School Code, 105 ILCS 5/14-8.02(k) (1992).
Dell v. Bd. of Educ. Tp. High School Dist. No. 113,
A distriсt court has the power to strike a response to a motion for summary
Without her response to the Board’s motion for summary judgment, the plaintiff clearly loses. When a party obtains relief in Illinois under the IDEA following a hearing, “the time to sue does not begin to run until the 120 days that the school district has to challenge the Level II decision has elapsed without the district’s having sued; or if it does sue, until 120 days after the judicial decision upholding the Level II decision has become final.”
McCartney C. v. Herrin Com. Unit School Dist. No. 4,
For the foregoing reаsons, we affirm the decision of the district court.
AFFIRMED.
Notes
. A Level I hearing is a hearing conducted by a local administrative officer in rеsponse to a complaint about services being provided to a particular child. A party may appeal the results of a Level I hearing to a Level II hearing before another administrative officer appointed by the state department of education.
Dell v. Bd. of Educ., Tp. High School Dist. 113,
