Thomas V. Cincinnati Board Of Education

Defendant Cincinnati Board of Education ("CBE"), and plaintiff, Emily Thomas through her mother Roxanne Thomas, appeal from the judgment of the district court in this case arising under the Education for All Handicapped Children Act. The CBE appeals the district court's order granting Thomas' motion for summary judgment and challenges the court's conclusion (1) that it developed an individualized educational program ("IEP") in violation of the Act's procedural safeguards, (2) that Ohio law reserves home instruction for those children who are unable to attend or to be transported to school, and (3) that school-based education is the only appropriate educational placement for Emily. Although Mrs. Thomas urges this court to affirm the district court's decision, she nevertheless cross-appeals, arguing that the court erred by failing to award compensatory educational services to make up for the period in which the CBE allegedly deprived Emily of the free appropriate education to which she is statutorily entitled. For the reasons set forth below, we reverse the district court and remand with instructions to enter summary judgment in favor of the CBE.