Guillermo G. et al v. Board of Education of the City of Chicago, District 299, No. 1:2014cv03319 - Document 30 (N.D. Ill. 2014)
Court Description: MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 10/20/2014: Plaintiffs' Motion for Summary Judgment, Dkt. 16 , is granted in part and denied in part. Defendant's Motion for Summary Judgment, Dkt. 19 , is granted in part and denied in part. Plaintiffs shall submit a proposed final judgment order consistent with the findings in this opinion by November 3, 2014. [For further detail see attached order.]Notices mailed by Judicial Staff. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(psm, )
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Guillermo G. et al v. Board of Education of the City of Chicago, District 299 Doc. 30 Att. 3 Appendix C 1 2 3 4 5 6 7 8 9 10 11 12 Issue Separate Day School – Guillermo requires a private therapeutic setting Decision Plaintiffs did NOT sustain their burden of proof Progress – Guillermo failed to make adequate Plaintiffs did NOT academic progress sustain their burden of proof IEP – Board failed to develop appropriate IEPs Plaintiffs sustained their burden of proof AT – Board failed to provide required assistive Plaintiffs sustained their technology burden of proof Social Work – Board failed to provide social Plaintiffs did NOT work services sustain their burden of proof Full Individual Evaluation – Board failed to Plaintiffs sustained their adequately evaluate Guillermo in October 2010 burden of proof CAPD – Board failed to conduct an evaluation Plaintiffs sustained their to determine if Guillermo had a central auditory burden of proof processing disorder ESY – Board failed to provide ESY in summers Plaintiffs did NOT 2011 and 2012 sustain their burden of proof Student Records – Board’s failure to produce all While CPS failed to student records hindered parents ability to produce all student participate in FAPE decision-making process records in a timely fashion, Plaintiffs did NOT sustain their burden of proof Bullying – Guillermo was the victim of Plaintiffs did NOT disability-based bullying sustain their burden of proof Procedural Violation – IEP changed without Plaintiffs sustained their proper notice to parent and parent participation burden of proof Stay-put – Board failed to implement hearing Plaintiffs sustained their officer’s stay-put order burden of proof Dkt. 20 at 10-11. Dockets.Justia.com Plaintiffs’ Requests Placement at Acacia Academy or Cove School Interim order compelling the Board to provide all Guillermo’s education records and, if necessary a finding that the lack of records denied Guillermo a FAPE Reimbursement for all costs associated with the IEEs that Plaintiffs have obtained Convene an IEP meeting to review the IEE results and recommendations Develop an IEP that implements all IEE recommendations ESY for Summer 2013 Compensatory education in the form of one-on-one tutoring beyond the school day by a certified special education teacher trained in scientific, researchbased interventions such as Wilson Reading program for 60 minutes per session twice a week for the period FAPE was denied Compensatory education in the form of additional one-on-one tutoring beyond the school day by a certified special education teacher trained in scientific, research-based interventions in the area of language arts/English/reading/writing programs for 45 minutes per session, once a week for the period the district failed to provide the stay-put placement beginning in the 2012-13 school year Compensatory education in the form of additional one-on-one tutoring beyond the school day by a certified special education teacher trained in scientific, research-based interventions in the area of mathematics programming for 45 minutes per session once a week for the period the district failed to provide Hearing Officer’s Order Denied Denied Denied – psychological Ordered – speech/language, occupational therapy and central auditory processing Ordered Ordered Denied Denied Denied Denied the stay-put placement beginning in the 2012-13 school year Compensatory education in the form of one-on-one speech/language services beyond the school day by a certified speech language pathologist for 60 minutes per week once a week for the period FAPE was denied Compensatory education in the form of one-on-one occupational therapy services beyond the school day by a certified occupational therapist for 60 minutes per week once a week for the period FAPE was denied Compensatory education in the form of social work services beyond the school day to address the Guillermo’s anxiety and the bullying that occurred at school Compensatory education in the form of additional AT to assist the student in all academic areas Compensatory education in the form of additional time at the Cove School for the period of time the Board failed to provide the stay-put placement at the beginning of the 201-13 school year Dkt. 20 at 11-12. Ordered Ordered Denied Denied Denied
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