The hearing officer determined that the IEP complied with statutory requirements. It did not provide, however, for a “Circle of Friends” type social and speech therapy that John had received at Haven and that his parents believed was very beneficial to him during his time there.īecause John's parents did not believe that the proposed IEP fulfilled the School District's statutory responsibility to their son, they requested an administrative hearing. ETHS' IEP also provided for various speech therapy services, social work services, physical therapy and occupational therapy. The proposed ETHS IEP also provided that John's special education teacher would observe him in his general education classes of English, History, Algebra and Biology for 43 to 86 additional minutes per week. Instead, ETHS proposed to afford John 215 minutes per week of special education services.
During this process, ETHS stated that it would not be able to provide the same sort of co-teaching services that Haven had provided to John during his middle school education. 2 Representatives from Haven also attended the first two sessions of these meetings. In Spring 2005, John's parents and representatives of ETHS met to formulate an IEP for John's coming freshman year at ETHS.
While at Haven, John had received a service that the parties refer to as “co-teaching.” The phrase “co-teaching” did not appear in the May 2004 IEP. This plan, often referred to in this opinion as the “May 2004 IEP,” had been formulated in May 2004. While John was a student at Haven, he pursued his middle school education under the terms of an Individualized Education Program (“IEP”). Students from Haven normally transition to ETHS to continue their education. Before beginning his high school career at ETHS, John had attended Haven Middle School, District 65 (“Haven”). He is enrolled in the School District as a student at Evanston Township High School (“ETHS”), a public school that receives federal funding and that is subject, therefore, to the requirements of the IDEA and the IDEIA. John is a 16 year-old sophomore in high school who has Down's Syndrome. Accordingly, we reverse the judgment of the district court and remand the case for further proceedings consistent with this opinion. § 1415(j), the district court entered a preliminary injunction.įor the reasons set forth in this opinion, we have concluded that the injunction cannot stand in its present form because it addresses matters beyond the stay-put provision and does not apply the correct standards when it does address the stay-put provision. In response to John's motion for enforcement of the statute's “stay-put” provision, which requires generally that a child remain in the same educational placement pending any proceedings, see 20 U.S.C. He alleged that Evanston Township High School District 202, its Board of Education and its Superintendent (collectively “the School District”) had denied John a free, appropriate public education (“FAPE”) as required by the legislation. and Michael M., filed this action seeking relief under the Individuals with Disabilities in Education Act (“IDEA”), as amended by the Individuals with Disabilities in Education Improvement Act (“IDEIA”). (“John”), by and through his parents and next friends, Christine M. Disability Rights Newtwork, Center for Law & Educ., Equip for Equality, TASH, Nat. Maus, Baker & McKenzie, Chicago, IL, for Parent Advocates & Attorneys Inc., Nat. of Justice, Civil Rights Div., Washington, DC, for U.S. of Educ., Washington, DC Lisa Wilson Edwards Dept. Lokken (argued), Franczek Sullivan, Chicago, IL, for Defendants-Appellants. Stone (argued), Chicago, IL, for Plaintiffs-Appellees. Decided: September 17, 2007īefore RIPPLE, MANION and WILLIAMS, Circuit Judges.Ĭharles F. BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT 202, Evanston Township High School District 202, and Allan Alson, Defendants-Appellants. JOHN M., by his parents and next friends, Christine M., and Michael M., Plaintiffs-Appellees, v. United States Court of Appeals,Seventh Circuit.
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