A.M., a minor, by and through his parents A.J. and J.M. v. Interboro School District

Summary

The United States District Court for the Eastern District of Pennsylvania reviewed an administrative appeal under the Individuals with Disabilities Education Act concerning a kindergarten student with autism. The court affirmed the hearing officer’s determination that Interboro School District provided the student with a free appropriate public education and affirmed the order requiring an independent functional behavioral assessment. The court also concluded that the parents were prevailing parties for purposes of potential attorneys’ fees because they prevailed on the assessment issue.

Holdings

1. The District did not deny A.M. a FAPE because its proposed IEP and autistic-support program were reasonably calculated to enable A.M. to make appropriate progress in light of his circumstances.
2. The parents could not compel the District to use a smaller ABA classroom, an RBT as the one-to-one aide, or an out-of-district placement merely because those options were preferred, where the District's IEP was reasonably calculated to provide meaningful educational benefits.
3. The IEE/FBA issue was moot because the District completed the FBA pursuant to the hearing officer's order.
4. The parents were prevailing parties, and therefore at least eligible for an award of reasonable attorney's fees, because they obtained substantive relief on the IEE/FBA issue, although the fee amount could be reduced for their partial success.

Questions Presented

1. Whether the District's proposed kindergarten program denied A.M. a FAPE under the IDEA.
2. Whether the parents could require the District to use their preferred ABA methodology, out-of-district placement, or RBT as A.M.'s one-to-one support.
3. Whether the IEE/FBA issue remained justiciable after the District completed the FBA pursuant to the hearing officer's order.
4. Whether the parents qualified as prevailing parties for purposes of IDEA attorney's fees after prevailing on the IEE/FBA issue but not the FAPE issue.

Disposition

affirmed