A.B. Ex Rel. D.B. v. Lawson

354 F.3d 315, 2004 WL 26734
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 6, 2004
Docket03-1046
StatusPublished
Cited by56 cases

This text of 354 F.3d 315 (A.B. Ex Rel. D.B. v. Lawson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.B. Ex Rel. D.B. v. Lawson, 354 F.3d 315, 2004 WL 26734 (4th Cir. 2004).

Opinion

Reversed and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge WILKINSON and Senior Judge HAMILTON joined.

OPINION

GREGORY, Circuit Judge:

Kenneth Lawson, in his capacity as Superintendent of the Anne Arundel County Public Schools (“AACPS”), and the Board of Education of Anne Arundel County appeal from a judgment of the United States District Court for the District of Maryland (Bredar, M.J.), entered under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., ordering payment of reimbursement to the parent of a learning disabled child for two years’ tuition at a private school. The district court concluded that such reimbursement was necessary because AACPS denied AB a free appropriate public education (“FAPE”).

AACPS and the student’s mother, DB, had engaged in a protracted dispute as to the nature and extent of AB’s learning disability. An administrative law judge held that AACPS formulated an Individualized Education Program (“IEP”) for the 2000-2001 and 2001-2002 school years that was reasonably calculated to provide AB with a FAPE under IDEA. The district court reversed the ALJ’s ruling and granted summary judgment for the Bs. The lower court held that AB had not been provided a FAPE, and AACPS was obli-gáted to reimburse DB for two years of private school education. Because, as explained below, AACPS complied with IDEA and formulated an IEP reasonably calculated to provide AB with some educational benefit, we reverse the district court and direct that summary judgment be entered for Appellants. We also vacate the district court’s order insofar as it ordered AACPS to reimburse plaintiffs for AB’s placement at the Summit School for the 2000-2001 and 2001-2002 school years.

I.

A.

This case involves the application of IDEA, a statute designed to provide free appropriate educational services to millions of children with learning disabilities in the United States. 20 U.S.C.A. § 1400. One of Congress’ primary purposes in enacting IDEA in 1990 was “to ensure that all children with disabilities have available to them a [FAPE] that emphasizes special education and related services designed to meet their unique needs.... ” 20 U.S.C. § 1400(d)(1)(A); see also MM ex rel. DM v. Sch. Dist. of Greenville County, 303 F.3d 523, 526 (4th Cir.2002). 1 To receive *319 federal funding under IDEA, the state must provide all children with disabilities a FAPE. 20 U.S.C. §§ 1400(c), 1412(a)(1). A FAPE requires the school district to provide instruction that suits the child’s needs as well as related services to ensure that the child receives some educational benefit from instruction. 20 U.S.C. § 1401(8); see also Md.Code Ann., Educ. § 8-402(a)(3) (defining FAPE); 20 U.S.C. § 1401(22) (defining related services).

Under the act, the state must provide children with “meaningful access” to public education. Bd. of Ed. of Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458 U.S. 176, 192, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982). The FAPE must only be “calculated to confer some educational benefit on a disabled child.” MM, 303 F.3d at 526 (citing Rowley, 458 U.S. at 207, 102 S.Ct. 3034) (emphasis added). The Supreme Court has held that under IDEA Congress intended to provide a satisfactory level of educational opportunity, not the best education that money could buy. See Rowley, 458 U.S. at 189, 102 S.Ct. 3034. The Court noted that “[w]hatever Congress meant by an ‘appropriate’ education, it is clear that it did not mean a potential-maximizing education.” Id. at 197 n. 21, 102 S.Ct. 3034; see also Hartmann v. Loudoun County Bd. of Ed., 118 F.3d 996, 1001 (4th Cir.1997) (“States must ... confer some educational benefit upon the handicapped child, but the Act does not require the furnishing of every special service necessary to maximize each handicapped child’s potential.”) (internal citations and quotation marks omitted).

In addition to IDEA’S requirement that the state provide each student with some educational benefit, the student must be placed in the least restrictive environment to achieve the FAPE. The disabled child is to participate in the same activities as non-disabled children to the “maximum extent appropriate.” 20 U.S.C. § 1412(a)(5)(A); see also 34 C.F.R. § 300.550 (“That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes cannot be achieved satisfactorily.”); Md. Regs.Code tit. 13A § 05.01.10 (regulations concerning least restrictive environments). We stated in DeVries v. Fairfax County Sch. Bd., 882 F.2d 876, 878 (4th Cir.1989), “mainstreaming of handicapped children into regular school programs ... is not only a laudable goal but is also a requirement of the Act.”

To assure that students with disabilities receive FAPEs, IDEA requires that school districts provide IEPs for each disabled child. 20 U.S.C. § 1414(d). Before providing special education, the school district must conduct an individual evaluation to determine a student’s eligibility under IDEA. Id. § 1414(a)(1)(a); 34 C.F.R. § 300.531. Upon a determination that a student is learning disabled and thus eligible for special education services, the school district is to develop an IEP through cooperation between parents and school officials. 20 U.S.C. § 1414(a)(5). The IEP is to be formulated by an IEP Team consisting of the child’s parents, one of the student’s regular teachers, a special education teacher, a representative of the school board, an individual who can interpret evaluation results and, whenever appropriate, the disabled child. Id. § 1414(d)(1)(B).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
354 F.3d 315, 2004 WL 26734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ab-ex-rel-db-v-lawson-ca4-2004.