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Edwin Burilovich Linda Burilovich, as Next Friends on Behalf of Their Son, Bradley Burilovich v. Board of Education of the Lincoln Consolidated Schools Ron Greiner, Individually

Citations: 208 F.3d 560; 2000 U.S. App. LEXIS 6163Docket: 98-2187

Court: Court of Appeals for the Sixth Circuit; April 4, 2000; Federal Appellate Court

Narrative Opinion Summary

This case involves a lawsuit filed under the Individuals with Disabilities Education Act (IDEA) by the parents of an autistic child against a school district and its special education director. The plaintiffs argued that the child's Individualized Education Program (IEP), which placed him in mainstream kindergarten, violated IDEA's procedural and substantive provisions by excluding Discrete Trial Training (DTT), a preferred educational method. After a local hearing officer ruled in favor of the parents, ordering the district to reimburse them for home-based DTT costs, a state hearing officer overturned this decision, validating the school's IEP. The plaintiffs then sought judicial review, asserting violations of IDEA, the Rehabilitation Act, and the Americans with Disabilities Act. The district court granted summary judgment to defendants, upholding the state officer's findings that the May IEP met IDEA requirements and provided Free Appropriate Public Education (FAPE). The court ruled that the school district adequately involved the parents in the IEP process, conducted proper evaluations, and considered the child's unique needs. Ultimately, the court affirmed that the IEP was appropriately designed to help the child reach his maximum potential, dismissing the plaintiffs' additional claims and denying reimbursement for the DTT program.

Legal Issues Addressed

Burden of Proof in IDEA Litigation

Application: The court determined that the parents bore the burden of proof in demonstrating inadequacies in the IEP and procedural violations.

Reasoning: The district court granted the defendants' motion and denied the plaintiffs' motions, concluding that the parents bore the burden of proof.

Free Appropriate Public Education (FAPE) Requirement

Application: The court concluded that the IEP was reasonably calculated to provide educational benefits and meet the child's unique needs, thereby satisfying the FAPE requirement.

Reasoning: The court ruled that the IEP was designed to help B.J. achieve his maximum potential and denied the plaintiffs' request for reimbursement for the DTT program, affirming that B.J. was offered a Free Appropriate Public Education (FAPE)…

Individuals with Disabilities Education Act (IDEA) Compliance

Application: The court addressed whether the school district complied with IDEA's procedural and substantive requirements in creating an IEP for an autistic child.

Reasoning: The court affirmed the district's judgment, summarizing the background of Bradley's educational journey, including evaluations and diagnoses of his autism, the development of an Individualized Education Program (IEP), and the parents' advocacy for discrete trial training (DTT) as an educational approach.

Procedural Safeguards in IDEA

Application: The court evaluated procedural compliance and parental involvement in the IEP process, affirming no procedural violations occurred.

Reasoning: The court affirmed several findings: the timing of the child's recertification as autistic was appropriate; the district conducted a proper evaluation with qualified professionals; the parents were adequately involved in the IEP process…

Requisite Elements of an IEP

Application: The court examined whether the oral proposal in March 1996 constituted a valid IEP under federal law, which mandates a written document.

Reasoning: Federal law mandates that an IEP must be a written document, which was not provided until May 1996. Consequently, the plaintiffs cannot substantiate their claim of an existing IEP.

Role of Administrative Findings in IDEA Cases

Application: The court applied a 'modified de novo review,' deferring to state administrative findings where relevant educational expertise was applicable.

Reasoning: The court employs a 'modified de novo review' standard for both procedural and substantive matters, which requires giving 'due weight' to state administrative proceedings…