Board of Education of Montgomery County, Maryland v. SG

SG (plaintiff) had lived with her foster parents since she was six days old. Before fifth grade, SG had been a sociable and successful student. During her fifth- and sixth-grade years, however, SG’s behavior changed drastically. SG made violent and sexual writings, began wetting her pants, and began hearing voices telling her to hurt or kill herself. SG was hospitalized many times and was eventually diagnosed with schizophrenia. SG’s school implemented an informal plan with accommodations to support SG. SG was given extra time on assignments, copies of class notes, a reduced workload, and a pass that allowed her to leave class when she began hearing voices. SG’s academic performance still suffered, however, and SG frequently missed classes and failed to complete assignments. NG, one of SG’s guardians, requested an individualized education program (IEP) meeting with the school. At the meeting, the school agreed that SG had an emotional disturbance as defined by the Individuals with Disabilities Education Act (IDEA) but concluded that SG was not entitled to an IEP because she did not suffer an adverse educational impact. NG requested an administrative due-process hearing. At the hearing, the administrative-law judge (ALJ) found that SG’s schizophrenia did cause SG to suffer an adverse educational impact and ruled that the school board (board) (defendant) violated the IDEA by not providing SG with an IEP. The board complied with the order, implemented the IEP, and sent SG to a therapeutic school, at which she improved academically. The board sought review of the ALJ’s order in district court. Specifically, the board contested the ALJ’s determination that schizophrenia was a type of emotional disturbance that could be addressed by special-education services. The district court affirmed the ALJ’s order, and the board appealed.