Cordrey v. Euckert

Chance Cordrey (plaintiff) was an autistic child with serious developmental delays and a student in the Evergreen Local School District (district) (defendant). Cordrey had an individualized education program (IEP) pursuant to the Education For All Handicapped Children Act that placed him in a special class during the school year. However, the class did not operate over the summer. Cordrey’s parents enrolled Cordrey in a private summer program for two years at their own expense before requesting a revision to Cordrey’s IEP to specifically include an extended-school-year (ESY) program. Evaluations of Cordrey suggested that failure to provide an ESY program might put Cordrey at risk for regression. However, it was unclear whether any regression caused by not having an ESY program would be worse than the continuous regression Cordrey exhibited during the regular school year. At Cordrey’s IEP meeting, school officials agreed that Cordrey would benefit from ESY services but sought not to include an ESY program in the official text of the IEP. After Cordrey’s parents and the district failed to reach an agreement, Cordrey’s parents requested a due-process hearing. The hearing officer found that Cordrey was entitled to ESY services but recommended a county program rather than Cordrey’s parents’ preferred private program. On an administrative appeal, a state officer determined that the district was within its rights not to include ESY services as part of Cordrey’s official IEP. Cordrey’s parents then sought judicial review in district court. The district court upheld the state officer’s determination, and Cordrey’s parents appealed.