Amann v. System

CourtCourt of Appeals for the First Circuit
DecidedDecember 29, 1992
Docket92-1382
StatusPublished

This text of Amann v. System (Amann v. System) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amann v. System, (1st Cir. 1992).

Opinion

USCA1 Opinion


December 29, 1992

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
___________________

No. 92-1382

CHRISTOPHER AMANN, ET AL.,

Plaintiffs, Appellants,

v.

STOW SCHOOL SYSTEM, ET AL.,

Defendants, Appellees.

__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Edward F. Harrington, U.S. District Judge]
___________________

___________________

Before

Selya, Cyr and Boudin,
Circuit Judges.
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___________________

Richard Amann on brief pro se.
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Scott Harshbarger, Attorney General, and Pierce O. Cray,
__________________ _______________
Assistant Attorney General, on brief for appellees Commonwealth
of Massachusetts Bureau of Special Education Appeals, Department
of Education, and Department of Public Health.
Kevin M. Hensley and Needham and Warren on brief for
__________________ ___________________
appellee Town of Stow.
Regina Williams Tate and Murphy, Hesse, Toomey and Lehane on
____________________ ________________________________
brief for appellees Stow School System and Stow School Committee.

__________________

__________________

Per Curiam. This appeal presents a challenge, under the
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Individuals with Disabilities Education Act (IDEA), 20 U.S.C.

1400 et seq., to the adequacy of an "individualized education

program" prepared by the Town of Stow, Massachusetts for a

learning-disabled child who lives in the town.1 The district

court ruled that Stow had followed the required procedures in

formulating the education program, that the Commonwealth of

Massachusetts had given the plaintiffs all the process due them

in their administrative challenge to the program's adequacy, and

that the program provided a "free appropriate public education"

for the child. It therefore granted summary judgment to all

defendants. This appeal followed. We affirm.

I
_

The IDEA requires states that receive federal special

education funds to provide all handicapped children in their

jurisdictions with a "free appropriate public education." 20

U.S.C. 1415(a); 20 U.S.C. 1401(a)(18). This requirement has

both procedural and substantive components. Burlington v.
__________

Department of Education, 736 F.2d 773, 788 (1st Cir. 1984)
________________________

("Burlington II"). "The primary safeguard is the obligatory
______________

development of an individualized education program (IEP)."

Roland M. v. Concord School Committee, 910 F.2d 983, 987 (1st
_________ _________________________

Cir. 1990). "An IEP is a program of instruction and related

services that has been specially designed to meet the unique

____________________

1The IDEA was once known as the "Education of the
Handicapped Act." See Section 25(b) of Public Law 102-119, 105
___
Stat. 607 (substituting "Individuals with Disabilities Education
Act" for "Education of the Handicapped Act").

needs of the child. The IEP document contains information

concerning the child's present levels of performance; a statement

of annual goals and short term instructional objectives; a

statement of the specific educational services to be provided,

and the extent to which this can be done in the regular

educational programs; and objective criteria for measuring the

student's progress." Hampton School District v. Dobrowolski, 976
_______________________ ___________

F.2d 48, 50 (1st Cir. 1992).

The IEP is developed by a team that includes a

representative of the local educational agency, the child's

teacher and parents, and, in appropriate cases, the child

himself. 20 U.S.C. 1401(a)(20). The IEP must be reviewed at

least annually and revised when necessary. 20 U.S.C.

1414(a)(5); 34 C.F.R. 300.343(d). The parents are entitled to

reject a proposed IEP, and if they do, they can demand an

"impartial due process hearing" on its adequacy and

appropriateness. 20 U.S.C. 1415(b)(2). In Massachusetts, such

hearings are conducted by the Bureau of Special Education

Appeals. 603 C.M.R. 28.400.0 et seq. Any party aggrieved by
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the decision of the administrative hearing officer can appeal to

either state or federal court. 20 U.S.C. 1415(c).

Substantively, the IDEA itself requires courts evaluating an

IEP to ask only whether the program is "reasonably calculated to

enable the child to receive educational benefits." Board of
_________

Education v. Rowley, 458 U.S. 176, 207 (1982). Federal law,
_________ ______

however, merely establishes a floor upon which the states are

free to build.

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