DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161918P.pdf 07/14/2017 I.Z.M. v. Rosemount-Apple Valley-Eagan
U.S. Court of Appeals Case No: 16-1918
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges]
Civil Case - Individuals with Disabilities Education Act. On appeal from
the district court's conclusion that the District took steps to provide
I.Z.M. accessible instructional materials in a timely manner, that I.Z.M.
received an educational benefit from the services provided, and that to
the extent the District imperfectly complied with IEP requirements, the
IDEA does not require perfection, the district court did not err in
applying an incorrect standard. State law did not impose a heightened
standard to guarantee that a blind student will use Braille instruction
provided to attain a specific level of proficiency, only that the
instruction is sufficient to enable attainment of a specified level of
proficiency; Department of Education regulations do not create a
heightened "strict" compliance standard; the District took all reasonable
steps to provide instructional materials in accessible formats in a timely
manner. Because the district court concluded I.Z.M. failed to present
evidence of bad faith or gross misjudgment, the dismissal of the non-IDEA
claims is affirmed.