United States Ninth Circuit

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M.C. v. Antellope Valley Union High Sch. Dist., 14-56344

In a due process complaint filed by a parent and child with a genetic disorder that renders him blind who also has a host of other deficits that cause him developmental delays in all academic areas, alleging violations of the Individuals with Disabilities Education Act (IDEA) as it relates to a free appropriate public education (FAPE), 20 U.S.C. section 1400(d)(1)(A), the district court's judgment affirming an administrative law judge's denial of the claims, is reversed where: 1) the school district's failure to adequately document the teacher of the visually impaired (TVI) services and assistive technology (AT) devices offered to plaintiff violated the IDEA and denied the child a FAPE; 2) these procedural violations deprived plaintiff of her right to participate in the individualized education program (IEP) process and made it impossible for her to enforce the IEP and evaluate whether the services page the child received were adequate.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/27

Judges

  • KOZINSKI

Court

  • United States Ninth Circuit

Counsel


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