B.G. v. Jackson, No. 17-1806 (7th Cir. 2018)Annotate this Case
B.G. lived alternately with his mother (who speaks only Spanish) and siblings in a small apartment, and with his father, who apparently left B.G. to his own devices. He repeated first grade. B.G. was diagnosed with a specific learning disability and had significant behavior and attendance issues. B.G.’s father died in 2014. B.G was hospitalized with diagnoses of morbid obesity, hypertension, severe hypoxia syndrome, Type 2 diabetes, and obstructive sleep apnea. The Illinois Department of Children and Family Services received a report that his mother was not able to care for her children. B.G.’s mother requested a Due Process Hearing with the State Board of Education, alleging that the Chicago Public School District had violated the Individuals with Disabilities Education Improvement Act. The District gave B.G. an aide, moved him to a classroom with a teacher familiar with “multisensory approaches,” and performed assessments of B.G.’s educational needs. Although she did not object to the report, B.G.’s mother requested Independent Educational Evaluations at public expense in seven areas. The State Board of Education concluded that the District's evaluations were appropriate. The Seventh Circuit affirmed. The hearing officer conducted a five-day hearing, heard the relevant evidence, and concluded that the District’s experts evaluated B.G. appropriately; the record shows that the District’s evaluators were competent, well-trained, and performed comprehensive evaluations. Particularly under the deferential standard of review applicable here, there is no cause to set aside the hearing officer’s well-reasoned decision.
The court issued a subsequent related opinion or order on October 12, 2018.