UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_______________________________________
)
Shawn Banks o/b/o D.B., a minor, )
)
Plaintiff, )
)
v. ) Civil Action No. 09-990 (RBW)
)
District of Columbia, )
)
Defendant. )
)
_______________________________________)
ORDER
For the reasons that are set forth in the accompanying Memorandum Opinion, it is hereby
ORDERED that the plaintiff’s Motion for Summary Judgment DENIED without
prejudice. It is further
ORDERED that the defendant's Cross-Motion for Summary Judgment is DENIED
without prejudice. It is further
ORDERED that this case is remanded to the administrative hearing officer to make a
determination as to whether the School System’s failure to provide all of the services in D.B.’s
Individualized Education Program constituted a denial of a free appropriate public education,
and to articulate the reasons for his determination within sixty (60) days of the issuance of this
Order. If the hearing officer finds that a violation occurred, he must determine what constitutes
an appropriate compensatory education award for D.B.
SO ORDERED this 6th day of July, 2010.
_____/s/________________
Reggie B. Walton
United States District Judge