D.S. v. Trumbull Board of Education, No. 19-644 (2d Cir. 2020)Annotate this Case
D.S., a child with a disability who receives special education services under the Individuals with Disabilities Education Act (IDEA), appealed the district court's denial of his motion for summary judgment and grant of the Board's motion for summary judgment. After the child's parents disagreed with the functional behavioral assessment (FBA) that his school conducted, they sought an independent educational evaluation (IEE) at public expense.
The Second Circuit held that an FBA is not an evaluation as that term is employed in the relevant IDEA provisions and that a parent's dissatisfaction with an FBA does not entitle them to a publicly funded IEE. In regard to the parents' disagreement with the child's 2014 reevaluation, the court held that parents need not file a due process complaint under the IDEA to disagree with an evaluation and that the statute of limitations does not apply here. Rather, the court held that the IDEA's cyclical evaluation process establishes the operative time frame in which a parent may disagree with an evaluation and obtain an IEE at public expense. Accordingly, the court vacated the judgment, reversed the district court's decision, and remanded for further proceedings.