United States Ninth Circuit

District court's decision that a school district did not deny plaintiff a free and appropriate public education (FAPE) based on a finding that the failure to develop an updated Individualized Education Program (IEP) was mostly attributable to the plaintiff's parents' litigious approach, is reversed in part and remanded where: 1) the school district deprived plaintiff of a substantively adequate FAPE by relying on an outdated IEP to measure plaintiff's academic and functional performance and provide educational benefits to plaintiff; 2) plaintiff's parents are entitled to reimbursement for private tutoring expenses incurred between January 1, 2008 and December 2008; and 3) plaintiff's parents are entitled to a review of the propriety of private tutoring expenses incurred from January 1, 2009 to May 2009.

Appellate Information

• Decided 07/19/2012
• Published 07/19/2012

Judges

• Paez

Court

• United States Ninth Circuit

Counsel