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D.B., A Minor, By His Next Friend and Mother Elizabeth B.; Elizabeth v. Kirsten Esposito, Both Individually and In Her Role As Former Director

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Before Lynch, Chief Judge, Lipez and Thompson, Circuit Judges.

This case requires us to examine the rights of a disabled child under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1491, and to assess whether the child and his parents have raised triable discrimination or retaliation claims under other provisions of federal law.

D.B. is a disabled child who lives with his parents in Sutton, Massachusetts. From 1999 until 2005, D.B. was a student in the Sutton public school system, which each year developed an individualized education program (“IEP”) for him, as required by the IDEA. In 2005, dissatisfied with the services D.B. was receiving and, in particular, with D.B.’s 2005 IEP, D.B.’s parents removed him from the Sutton school system and enrolled him in a private learning center. In response, the Sutton school system sought a determination from an independent hearing officer (“IHO”) of the Massachusetts Bureau of Special Education Appeals (“BSEA”) that D.B.’s 2005 IEP complied with the IDEA. D.B. and his parents sought the opposite determination, as well as reimbursement for the costs of D.B.’s private education.

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