United States Seventh Circuit
Marshall Joint Sch. Dist. No. 2 v. C.D., 09-1319
District court's affirmance of the ALJ's conclusion that a school district erred in finding that plaintiff, a fifth grader diagnosed with a rare genetic disease, was no longer eligible for special education, is reversed and remanded where: 1) the ALJ's finding that plaintiff's educational performance was adversely affected by Ehlers-Danlos Syndrome (EDS) was undermined by a misapplication of the governing standard and was not supported by substantial evidence in the record; 2) the ALJ impermissibly discounted the testimony of a witness; and 3) there is no substantial evidence in the record to support the finding that plaintiff needed special education because of his health condition.
Appellate Information
- Argued 11/12/2009
- Decided 08/02/2010
- Published 08/02/2010
Judges
Court
- United States Seventh Circuit