Read Garcia v. Bd. of Educ. of Albuquerque Pub. Sch., 07-2041

In an Individuals with Disabilities Education Act (IDEA) action alleging that defendant-school district failed to formulate an individualized education program (IEP) for plaintiff's daughter for a particular semester, a ruling finding that no compensatory educational services should be awarded as a matter of equity is affirmed where there was no abuse of discretion in the ruling, which acknowledged the district's procedural deficiency, but found that the award sought was unwarranted because the daughter had dropped out of school, demonstrated an unwillingness to return to school, and could essentially receive the very services she sought simply by reenrolling in school.

Appellate Information

• Decided 03/25/2008
• Published 03/26/2008

Judges

• GORSUCH, Circuit Judge., Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gail Stewart of Steven Granberg, P.A., Albuquerque, NM, for Plaintiff-Appellant.


• For Appellees:
  
• Samantha M. Adams (Michael L. Carrico with her on the brief) of Modrall Sperling Roehl Harris & Sisk, P.A., Albuquerque, NM, for Defendant-Appellee.