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