Damian Berns, et al v. Hamilton Southeastern Schools, et al, No. 10-3096 (7th Cir. 2011)
Annotate this CaseParents disagreed with the school system's assessment of appropriate services for their four-year-old, who had suffered traumatic brain injuries. The Indiana Board of Special Education Appeals affirmed on most points, concluded that the parents failed to show that any procedural violation significantly impeded their opportunity to participate in the decision-making process or caused a deprivation of educational benefits, and confirmed that the child did not require a full-time kindergarten program in order to receive a free appropriate public education. The district court entered summary judgment in favor of the school district. The Seventh Circuit affirmed. The child's rights under the Individuals with Disabilities Education Act, 20 U.S.C. 1400-1491 were not affected by any procedural errors. The record supports the conclusion that the child was making progress toward his Individual Education Plan goals Because the school conducted its evaluation of the child within 60 instructional days of receiving parental consent, it fully complied with its "child find" obligations. The parents were not entitled to reimbursement for their costs of placing the child in a private school or for attorney fees.
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