M.S. v. Utah School for the Deaf

J.S. is the mother of M.S., a child covered by the Individuals with Disabilities Education Act (IDEA). M.S. was a residential student at the Utah Schools for the Deaf and Blind (“USDB”). Believing USDB was not complying with IDEA’s procedural requirements and was not providing M.S. with free appropriate public education (FAPE), J.S. sought a due process hearing. Unsatisfied with the relief she obtained in that hearing, J.S. filed a civil action in federal court, and appealed the district court decision granting her additional limited relief. She asserts the district court erred when it: (1) delegated its authority to resolve the propriety of M.S.’s residential placement to members of the team tasked with developing M.S.’s individualized education program (“IEP”); and (2) granted her only a partial award of attorneys’ fees. The Tenth Circuit concluded the district court delegated the issue of M.S.’s residential placement to her IEP team and that such delegation "[was] at odds with" 20 U.S.C. 1415. The Court remanded this case to the district court to resolve the issue of M.S.’s residential placement and reconsideration of the attorney fee award. View "M.S. v. Utah School for the Deaf" on Justia Law