M.C. v. Antelope Valley Union High School District, No. 14-56344 (9th Cir. 2017)
Annotate this CaseM.N. filed a due process complaint alleging that the District committed procedural and substantive violations of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400(d)(1)(A). The ALJ denied all claims and the district court affirmed. The Ninth Circuit filed an amended opinion reversing the district court's judgment, holding that neither the duration of the hearing, the ALJ's active involvement, nor the length of the ALJ's opinion could ensure that the ALJ was thorough and careful in its findings of fact; plaintiffs' claim that the District committed a procedural violation of the IDEA by failing to adequately document its offer of the visually impaired (TVI) services was not waived; the District committed two procedural violations as to the individualized education plan (IEP); the District's failure to specify the assistive technology (AT) devices that were provided infringed M.N.'s opportunity to participate in the IEP process and denied the student a free appropriate education (FAPE); the panel remanded for a determination of the prejudice the student suffered as a result of the District's failure to respond to the complaint and the award of appropriate compensation; in regard to substantive violations, the panel remanded so the district court could consider plaintiffs' claims in light of new guidance from the Supreme Court in Endrew F. v. Douglas Cty. Sch. Dist., 137 S. Ct. 988 (2017); and M.N., as the prevailing party, was entitled to attorneys' fees.
Court Description: Individuals with Disabilities Education Act. The panel filed an amended opinion reversing the district court’s judgment in favor of the defendant school district and remanding for further proceedings in an action brought by a student and his parent under the Individuals with Disabilities Education Act. The panel held that the district court erred in deferring to the administrative law judge’s findings after a due process hearing because the ALJ was not thorough and careful. The panel held that the plaintiffs did not waive a claim that the school district violated the IDEA’s procedural requirements by failing to adequately document the services provided by a teacher of the visually impaired. The plaintiffs did not object to the omission of this claim from the ALJ’s restatement of issues, but they were not aware until later that the school district had unilaterally changed the student’s individualized educational program (IEP). The panel held that the school district’s presentation of evidence on the claim vitiated any waiver on plaintiffs’ part. The panel held that, absent the parent’s consent, the school district was bound by the IEP as written, and the unilateral amendment was a per se procedural violation of the IDEA because it vitiated the parent’s right to participate at every step of the IEP drafting process. There was an M.C. V. ANTELOPE VALLEY UNION HIGH SCH. DIST. 3 additional procedural violation because the IEP as initially drafted did not provide the parent with an accurate offer of the services provided to the student by a teacher of the visually impaired. The panel held that the parent suffered procedural harm by not being apprised of the actual status of the services being provided, causing her to incur legal fees in attempting to protect that right. The panel held that the school district’s failure to specify that assistive technology devices that were provided to the student infringed the parent’s opportunity to participate in the IEP process and denied the student a free appropriate public education. The panel held that the school district’s failure to respond to the plaintiffs’ due process complaint violated the IDEA and due process. The panel remanded for a determination of the prejudice the parent suffered as a result of the school district’s failure to respond and the award of appropriate compensation therefor. Regarding substantive violations of the IDEA, the panel held that, due to the procedural violation regarding services provided by a teacher of the visually impaired, the burden of proof shifted to the school district to show that the services the student actually received were substantively reasonable. The panel remanded so that the school district could have an opportunity to make such a showing before the district court. The plaintiffs claimed that the school district denied the student a free appropriate public education by failing to develop measurable goals in all areas of need and failing to provide adequate orientation and mobility services, as well as adequate social skills instruction. The panel remanded so 4 M.C. V. ANTELOPE VALLEY UNION HIGH SCH. DIST. that the district court could consider these claims in light of Endrew F. v. Douglas Cty. Sch. Dist., 137 S. Ct. 988 (2017), which clarified that to meet its substantive obligation under the IDEA, a school district must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.
This opinion or order relates to an opinion or order originally issued on March 27, 2017.
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