D.K. v. Abington School District

D.K. was an elementary-school student in the Abington School District (the district) (defendant). Over the first few years of elementary school, D.K. struggled somewhat with occasional disruptive behaviors, organizational skills, and following directions and at times lagged behind his peers academically. D.K.’s teachers implemented behavior plans and provided additional help for him, and he made progress both behaviorally and academically. During first grade, the district evaluated D.K. for potential learning and behavior disabilities at the request of D.K.’s parents (plaintiffs) but found that he was not disabled or in need of special-education services. During second grade, D.K. began seeing a private therapist, who believed that D.K. was entitled to special education, although his behavior and academic performance continued to improve. Upon his parents’ second request, the district again evaluated D.K. in third grade, came to the determination that he was entitled to special education, and began developing an individualized education program (IEP) for him. While the IEP was being developed, however, D.K’s parents requested an administrative review, alleging that the district had violated the Individuals with Disabilities Education Act (IDEA) by not providing special-education services for D.K. over the last few years. The administrative review found that the district had not violated the IDEA. D.K.’s parents filed an appeal of that decision in federal district court. The district court upheld the decision, and D.K.’s parents appealed.