L.M.P. v. School Board of Broward County, No. 16-16412 (11th Cir. 2018)Annotate this Case
Plaintiffs filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400–1482, alleging that the School Board's refusal to include the desired therapy in their children's Individual Education Plan (IEP) reflected its predetermined policy of never including any Applied Behavioral Analysis (ABA)-based method or strategy in a child's IEP. The Eleventh Circuit affirmed the district court's judgment and held that plaintiffs lacked standing to challenge the policy because it was not applied to them. The court explained that, although plaintiffs could claim to suffer injury because the School Board did not adopt the specific ABA services they were requesting, such a claim was not a cognizable injury in fact under the procedural prong of Bd. of Educ. of Hendrick Hudson Cent. Sch. Dist. v. Rowley, 458 U.S. 176, 206–07 (1982), because the children's IEPs included an ABA-based service.