B.G. v. Bd. of Educ. of Chi.

901 F.3d 903
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 27, 2018
DocketNo. 17-1806
StatusPublished
Cited by2 cases

This text of 901 F.3d 903 (B.G. v. Bd. of Educ. of Chi.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
B.G. v. Bd. of Educ. of Chi., 901 F.3d 903 (7th Cir. 2018).

Opinion

Manion, Circuit Judge.

B.G. and his mother, J.A.G., appeal from the district court's denial of their motion to reverse the ruling of an Illinois State Board of Education Impartial Hearing Officer. J.A.G. had sought public funding for several Individual Educational Evaluations because she believed the Chicago Public Schools' (the District) evaluations of B.G. were inadequate. The hearing officer found that the District proved by a preponderance of the evidence that its evaluations were appropriate. The district court denied B.G.'s motion1 to reverse the hearing officer's decision, deferring appropriately to the hearing officer's conclusions. For the reasons stated below, we affirm.

I. Background

B.G. had an unfortunate childhood. He lived alternately with his mother (who speaks only Spanish) and three siblings in a small apartment, and with his father, who was apparently so much an absentee parent that B.G. was left entirely to his own devices while he was there. He repeated first grade and would have repeated seventh grade had the District not promoted him because of his age. B.G. was diagnosed with a specific learning disability and also had significant behavior and attendance issues-he was absent for one third of the school year during his seventh grade year in 2013-14. All in all, B.G.'s situation at the start of 2014 was already quite bleak.

Things only got worse when B.G.'s father died in April 2014. B.G. was hospitalized shortly thereafter with diagnoses of morbid obesity, hypertension, severe hypoxia syndrome, Type 2 diabetes, and obstructive sleep apnea. While B.G. was dealing with his medical issues and the grief from losing his father, the Illinois Department of Children and Family Services received a report that his mother was not able to care for her children. As a result, B.G. was sent to live with his godmother for an unspecified period. He returned to his mother at some point, although the record is unclear about the timing.

In July 2014, B.G.'s mother filed a request for a Due Process Hearing with the Illinois State Board of Education. She alleged that the District had violated the Individuals with Disabilities Education Improvement Act of 2004 and denied B.G. a Free Appropriate Public Education. The parties mediated this claim in August: the District gave B.G. an aide and moved him to a classroom with a teacher familiar with "multisensory approaches to teaching *908reading and writing for students with dyslexia." B.G. by J.A.G. v. City of Chicago Sch. Dist. 299 , 243 F. Supp. 3d 964, 970 (N.D. Ill. 2017) (decision below).

Around the same time, the District began to perform the assessments of B.G.'s educational needs that would wind up at the center of this case. The results of these assessments were presented at an October 9, 2014, meeting of B.G.'s Individualized Education Program (IEP) team. Present at the meeting were B.G.'s case manager, all of his District evaluators, his mother, and counsel for both sides. Although she did not voice any objections to the IEP team's report at the meeting, B.G.'s mother soon requested Independent Educational Evaluations (IEEs) at public expense in seven areas: psychology, speech and language, physical therapy, occupational therapy, nursing, social work, and assistive technology. Believing its evaluations were appropriate, the District sought a Due Process Hearing with the State Board of Education to defend its decision not to fund IEEs.

An administrative hearing began in February 2015 before Board-appointed Impartial Hearing Officer Janet K. Maxwell-Wickett. The District presented as witnesses the professionals who evaluated B.G., while B.G. presented two experts who reviewed the record and offered their conclusions that the District's various evaluations were inadequate. The hearing officer found the District's witnesses credible and persuasive, and she discounted the testimony of B.G.'s experts because they lacked Illinois certifications and had never met B.G. She thus concluded that the District had carried its burden to show that its evaluations were appropriate.

B.G. filed motions in the district court to supplement the administrative record and to reverse the hearing officer's decision. The district court then denied (in relevant part) B.G.'s motion to supplement the administrative record and denied his motion to reverse the hearing officer's decision. B.G. by J.A.G , 243 F.Supp.3d 964 (N.D. Ill. 2017). He timely appealed to this court.

II. Discussion

A. Motion to Supplement the Administrative Record

As a preliminary matter, we must review the district court's partial denial of B.G.'s motion to supplement the administrative record. B.G. argues that the district court should have added to the record (1) blank testing protocols for the Comprehensive Assessment of Spoken Language (CASL); and (2) IEEs performed after the administrative hearing by Mari Lane and Ari Goldsmith (the latter of whom was one of B.G.'s experts at the hearing). The court declined largely because it concluded that the proposed additions would change the character of the proceedings from a review of the hearing officer's decision to a trial de novo . Additionally, it found that (1) the protocols were not necessary because B.G. had been given several other assessments; and (2) post-hearing IEEs were not relevant to review of the hearing officer's decision.

We review the denial of the motion to supplement for abuse of discretion. Monticello Sch. Dist. No. 25 v. George L. on Behalf of Brock L. , 102 F.3d 895, 901-02 (7th Cir.1996). And the district court was right to consider whether additional evidence would change the nature of the proceeding; we have cautioned that trial courts should guard against admitting "such evidence to change the character of the hearing from one of review to a trial de novo ." Id. at 901 (quoting Town of Burlington v. Dep't of Educ. , 736 F.2d 773, 791 (1st Cir.1984) ).

We cannot say the district court abused its discretion by concluding that *909considering the post-hearing IEEs would turn the proceedings into a trial de novo . We have explained that "the appropriateness of an IEP 'can only be judged by examining what was objectively reasonable at the time' the case conference committee created the IEP." M.B. ex rel. Berns v. Hamilton Southeastern Schools ,

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901 F.3d 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bg-v-bd-of-educ-of-chi-ca7-2018.