Ostby v. Manhattan School District Number 114, No. 16-1901 (7th Cir. 2017)Annotate this Case
Jacob has Attention Deficit Hyperactivity Disorder and Disruptive Mood Dysregulation Disorder and requires an Individualized Education Plan. He repeated kindergarten in a general education classroom with additional support. Jacob’s second year of kindergarten included several behavioral disturbances. His parents disagreed with recommendations to change his placement and services and filed a due process complaint, 20 U.S.C. 1415(b). After additional testing, the parents and their psychologist with the District. Some of Jacob’s services were discontinued and a Behavioral Intervention Plan was adopted. The District recommended that Jacob be placed in the Social Emotional Learning Foundations program (SELF). Jacob’s parents objected and SELF-placement was not adopted. Jacob struggled with the new Plan, The District sought to place Jacob in SELF, in a different district, over his parents’ objections. Jacob’s parents believed that SELF was more restrictive than necessary and that he should remain in general education in his home district. The Act maintains the placement status quo until the complaint is resolved, so Jacob was never moved to SELF. The district court affirmed an administrative decision, concluding that the District met the Act’s substantive requirement of providing Jacob with a free appropriate public education. The Seventh Circuit vacated, reasoning that the matter is moot because Jacob is in third grade and the parties have reached agreement regarding his third-grade placement.