Austin ISD Prevails In IDEA Hearing

by Marcos Mendoza

A lawsuit against the Austin Independent School District was decided in the District’s favor in federal court on June 19th, 2008. This suit was an appeal of a Special Education Hearing Officer’s decision to deny reimbursement in the matter of Brian B., a seventeen year old high school student who transferred to a private treatment center in Alabama. Brian B. suffered from substance abuse issues and had difficulty academically and behaviorally. Brian B.’s father, without the District’s input, sent Brian to a San Marcos, TX, testing center, then to Alabama for treatment. AISD was the district responsible for providing Brian B. with a free, appropriate, public education (FAPE) under the provisions of the Individuals with Disabilities in Education Act (IDEA). The plaintiffs were required to prove both the District did not provide FAPE in a timely manner and the private placement was appropriate, which the Hearing Officer decided the parents did not prove. In the federal court appeal hearing, Federal Judge Sam Sparks agreed with the Hearing Officer, ruled against the plaintiffs, and awarded the District their court costs. Property/Casualty Claim Adjuster Charlotte Lee handled this matter, and defense counsel Jennifer Powell of Schwartz and Eichelbaum successfully defended the member district.