United States Ninth Circuit

In an action for violation of the Individuals with Disabilities Education Act (IDEA), and violation of Section 504 of the Rehabilitation Act, summary judgment for defendants is affirmed in part where: 1) defendant-school district did not commit a procedural violation by failing to implement the 2005 Individualized Education Plan (IEP) or by failing to develop and implement a new valid IEP within thirty days of the student at issue transferring into the district; and 2) defendant placed the student in the least restrictive environment appropriate. However, the judgment is reversed in part where the district court needed to determine whether attorneys' fees should be granted because plaintiffs waived reimbursement and damages, and therefore had no claim that survived the student.

Appellate Information

• Decided 12/15/2010
• Published 12/15/2010

Judges

• Alfred T. Goodwin

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• N. Jane DuBovy, Jonathan J. Mott