IDEA Court Case: Berns v. Hamilton Southeastern Schools
By Michelle Ball , California Education Attorney for Students since 1995 The Seventh Circuit Court of Appeals recently upheld the denial of a parents request for reimbursement ($$$) for the cost of a private placement at Lindamood Bell . This case illustrates how tricky it can be to obtain reimbursement from a school district for the unilateral placement (e.g. by parents alone) of a child in a private school. In the case of Berns v. Hamilton Southeastern Schools , decided December 22, 2011, Judge Gottschall opined that the student in question had been provided a Free and Appropriate Public Education ( FAPE ), as the student made adequate progress toward his goals during his public school placement. According to the case, the student in question suffered from a Traumatic Brain Injury ( TBI ) at age 4. After that time, the school assessed him and placed him in a pre -kindergarten classroom for four weeks. While in the placement the student met several of hi...