W.G. B.G., Individually and as Parents of R.G., a Minor v. Board of Trustees of Target Range School District No. 23, Missoula, Montana

The Board of Trustees of Target Range School District No. 23, in Missoula, Montana, appeals from the decision of the district court, holding that procedural flaws in the formulation of an individualized education program resulted in the denial of a FAPE, under the Education for All Handicapped Children Act (“Act”), 20 U.S.C. § 1401 et seq., and that the tutoring sub sequently obtained for R.G. by his parents was an appropriate alternative for which the school district must reimburse the parents. We affirm.

I.

W.G. and B.G. are the parents of R.G., a minor child who has a significant specific learning disability. They reside in the Target Range School District in Montana.

R.G. attended Target Range School until he completed his fifth grade year. Despite occasional testing that revealed a discrepancy between R.G.’s intellect and his extremely poor academic performance, R.G.’s learning disability was not diagnosed by Target Range. During his first year, R.G. received language therapy. When he was in fifth grade, he was referred to the Chapter I reading program and received some “resource room” assistance with his homework. His teachers attributed his problems primarily to poor…