B.S. v. Anoka Hennepin Pub. Sch.

B.S., a 16-year-old with attention deficit hyperactivity disorder, had an individualized education program (IEP). A dispute arose and the parents requested a due process hearing. The parties settled several issues, so the only claim remaining was whether B.S. was entitled to compensatory education services for alleged past denial of a free appropriate public education (FAPE). On the first day of the hearing, B.S.’s counsel spent five hours examining the special education administrator. The district objected, noting the allotted nine hours of time. The ALJ subsequently reminded B.S.'s counsel that the time limit set at the pretrial conference would be enforced, and offered an opportunity to reorder the evidence. B.S. objected to enforcement of the time limits and continued with the lengthy examination of the case manager. B.S's time expired and B.S. was not allowed to question witnesses further or cross-examine district witnesses. B.S. made an informal offer of proof of additional evidence that B.S. had intended to present. After an unfavorable decision, B.S. appealed, also alleging that state defendants established an unpromulgated "best practices" rule restricting the length of testimony in violation of the Due Process Clause. The court dismissed the state defendants, finding that B.S. was challenging only one ALJ's discretionary decision, so the state was not a proper party. The Eighth Circuit affirmed that B.S. did not suffer a legally cognizable injury for which the state could be liable and had not been denied a FAPE. View "B.S. v. Anoka Hennepin Pub. Sch." on Justia Law