M.B. v. Hamilton Southeastern Schools

Federal 7th Circuit Court
Civil Court
Individuals with Disabilities Education Act
Citation
Case Number: 
No. 10-3096
Decision Date: 
December 22, 2011
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendant-School District's motion for summary judgment in IDEA action alleging that defendant denied plaintiff (special education student) free appropriate public education by refusing plaintiff's request for, among other things, placement in full-day kindergarten program, even though plaintiff's expert testified that said placement was necessary due to plaintiff's neurocognitive impairments. Defendant, as well as administrative tribunals, could properly conclude that plaintiff did not require double-session kindergarten placement where plaintiff was making progress towards his IEP goals (which plaintiff's parents helped to develop) while plaintiff was placed in single-session kindergarten program, and where IEP, with said goals, was reasonably calculated to confer educational benefit on plaintiff.