United States Ninth Circuit

The district court's judgment finding that defendant did not deny the minor student a free appropriate public education is reversed and remanded, where: 1) defendant violated the Individuals with Disabilities Education Act by holding a student's annual individualized education program meeting without the participation of a parent; 2) defendant denied the student a free appropriate public education by holding the IEP meeting without the parent even though the parent did not affirmatively refuse to attend, but rather actively sought to reschedule the meeting in order to participate; and 3) on remand, the district shall conduct further proceedings regarding the parent's entitlement to reimbursement of private school tuition.

Appellate Information

• Decided 06/13/2013
• Published 06/13/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel