Beth B. v. Van Clay (2002)

By Vanessa Pimentel

Overview

Beth B. v. Van Clay (2002) was a case heard by the United States Court of Appeals for the Seventh Circuit. The court undertook the appeal to address the placement of Beth, a 13-year-old girl with disability issues, under the Individuals with Disabilities Education Act (IDEA). Beth’s parents, Susan and Tom, wanted her to remain in a regular education classroom; however, the Lake Bluff school district found it best that she be placed in a special education setting. For this case, the court assessed Least Restrictive Environment (LRE) and Free Appropriate Public Education (FAPE). Ultimately, this court case examines whether the Lake Bluff school district’s recommendation that Beth be placed in a special education classroom violates the IDEA or does not. 

Summary

Beth has Rett Syndrome, which is “a rare genetic neurological and developmental disorder that affects the way the brain develops” (Mayo Clinic). In her case, she is nonverbal, utilizes a wheelchair, and has a severe lack of body movement control. Additionally, after experts assessed Beth’s cognitive abilities, they found she may range from a twelve to eighteen month old infant to possibly a four to six year old. Beth had been in regular classrooms throughout her education until the seventh grade. Her schedule consisted of six 42-minute classes per day, including short passing periods that were difficult for her to navigate even with the support of an aide. From first grade to seventh grade, she had a one-on-one aide that she worked with and a specific curriculum crafted to fit the subjects of her peers while simultaneously adjusted to a preschool level. Due to her disability, she is not able to engage in lectures or class discussions.

After Beth concluded her second-grade year, the school district during her IEP (individualized education program), thought it would be best that she partake in an ELS setting. The ELS program at hand would be located in a public school with students ranging from ages six to twenty-one and varying from different forms of disability issues. The classrooms would consist of around six to eight students with a one-to-one student-teacher ratio. Students are to be mainstreamed into regular education classrooms for particular non-academic subjects, and reverse mainstreaming is to be utilized when regular education students join ELS classrooms for interaction purposes. However, Lake Bluff District has no suitable special education environment therefore, Beth would be forced to attend a neighboring district.

Beth’s parents did not agree with this recommendation, and both parties ultimately could not reach an acceptable compromise. Her parents went on to obtain a due process hearing through the Individuals with Disabilities Education Act (IDEA), but the officer ruled on the side of the school district in May 2002. Her parents went on to get a review in the district court, which resulted in the affirmation of the hearing officer’s conclusion. This led to Beth and her parents appealing this decision to the Seventh Circuit Court of Appeals.

The issue brought forth in the appeal is that Beth’s parents believe Beth being placed in an ELS classroom is a violation of the IDEA’s LRE provision. The IDEA was first enacted in 1975 with the purpose of allowing children with disabilities access to public education (U.S Department of Education). To add, IDEA ensured that students with disabilities receive an education to the maximum extent appropriate with children who do not have disabilities in the least restrictive environment (LRE), and they receive free, appropriate public education (FAPE). In order to remove someone from a regular classroom under the IDEA regulation, it must be due to not being able to provide satisfactory education, even with the assistance of supplementary aids and services. 

The Seventh Circuit Court of Appeals ended up agreeing with the district court and found the school district’s recommendation to remain in place. They also found that the ELS classroom did in fact not violate the IDEA’s mandate regarding children with disabilities being mainstreamed to the maximum extent appropriate. The court went on to explain that Beth’s parents confused FAPE and LRE requirements and found that Beth’s education, which was held in regular classrooms at Lake Bluff Middle School, was not satisfactory. 

Impact

Beth B. Van Clay is a significant case that made aware of how LRE is really understood as and showed how the term can be loose or definite. This case sheds light on how this should be applied correctly in cases or in general. In the instance of Beth’s parents, they were found to have confused LRE with FAPE, which resulted in the court ruling in favor of Lake Bluff Middle School. 

Court Documents

Beth B. v. Van Clay

Citations

“FindLaw’s United States Seventh Circuit Case and Opinions.” Findlaw, caselaw.findlaw.com/court/us-7th-circuit/1250134.html. Accessed 30 May 2025.

Mayo Clinic. “Rett Syndrome - Symptoms and Causes.” Mayo Clinic, 3 May 2022, www.mayoclinic.org/diseases-conditions/rett-syndrome/symptoms-causes/syc-20377227. Accessed 30 May 2025.

U.S. Department of Education. “Individuals with Disabilities Education Act (IDEA).” U.S. Department of Education, 4 Apr. 2024, www.ed.gov/laws-and-policy/individuals-disabilities/idea. Accessed 31 May 2025.