The Gills appealed the administrative panel's decision to federal district court. The district judge dismissed their case without a trial. The Gills then appealed to the Eighth Circuit. In an opinion written for a unanimous court, Judge Diana E. Murphy rejected the Gills' claim that the school district and the department had failed to fulfill their duty to give Matthew a free appropriate public education. IDEA strongly favors mainstreaming disabled children when possible.
Parents can invite other experts to participate on the team.
The team must review the IEP at least once a year. If parents wish to challenge an IEP in an administrative hearing, they can bring a lawyer and special education experts, and they can introduce evidence and cross-examine the school district's witnesses. IDEA makes provision of that minimum standard of special education a condition for a state's receipt of federal special education aid. However, Murphy also observed that if state legislation creates a higher standard than the federal minimum standard, then IDEA requires a school district to meet the higher state standard. Beyond the minimum The Gills contended that the Missouri legislature had, indeed, enacted a higher standard.