Baquerizo v. Garden Grove USD, No. 14-56464 (9th Cir. 2016)
Annotate this CaseStudent and Guardian seek reimbursement from the district for the cost of Student's private education, claiming that the district failed to comply with the procedural requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400–1491o (IDEA), and thus failed to provide a free appropriate public education (FAPE) in the least restrictive environment (LRE) for Student. The district court affirmed the ALJ's denial of reimbursement. In regard to the June 2009 individualized education program (IEP), the court agreed with the lower courts that any procedural failure on the part of the district was caused by Guardian, and that, in any event, the Jordon Intermediate School placement was a FAPE. In regard to the June 2011 IEP, the court concluded that the IDEA does not require the school district to conduct all assessments possible. In this case, the district court did not violate the IDEA by failing to assess Student for anxiety and failing to determine the baseline for Student's speech and language goals. Finally, the Buena Park placement offer was a FAPE in the LRE for Student. Accordingly, the court affirmed the judgment.
Court Description: Individuals with Disabilities Education Act. The panel affirmed the district court’s judgment in favor of the defendant school district in an action filed by a student and his guardian under the Individuals with Disabilities Education Act. The panel held that the school district did not violate the procedural requirements of the IDEA in two Individualized Education Programs, or IEPs. As to the first IEP, the panel agreed with the district court that any procedural failure on the part of the school district was caused by the student’s guardian, and that, in any event, the student’s placement was a free appropriate public education, or FAPE. As to the second IEP, the school district did not commit a procedural violation by failing to assess the student for anxiety or by failing to determine baselines for speech and language goals. In addition, the student’s placement was a FAPE in the least restrictive environment. Accordingly, the guardian was properly denied reimbursement for private school placement. BAQUERIZO V. GARDEN GROVE USD 3
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