Doe v. Boston Public Schools

358 F.3d 20 (1st Cir. 2004)


Doe (P) suffers from a severe mental disability. P is entitled to special education services under the Individuals with Disabilities Education Act (IDEA). Boston (D) rejected P's request for the private placement and offered to continue her schooling at a public school. P reiterated her request to be placed in a twenty-four-hour residential program. D educational services and living services at another DMH facility. P filed for a hearing before the BSEA and requested placement at a small therapeutic day school. D eventually offered Bay Cove Academy, a private, therapeutic day-school program, for the current school year. P accepted the offer and requested that the placement be read into the record and signed by the BSEA hearing officer. The hearing officer declined. P then filed a motion seeking to affirm the placement as a final judgment. That was declined, and P's claims were dismissed. P filed a complaint in the district court seeking attorneys' fees. D's motion to dismiss the complaint was granted.