I.R. v. L.A. U.S.D., No. 13-56211 (9th Cir. 2015)
Annotate this CaseCalifornia Education Code 56346(f) requires school districts to initiate a due process hearing if the school district determines that a portion of an Individualized Education Program (IEP) to which a parent does not consent is necessary to provide a child with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400–1450. The ALJ concluded that the district offered an appropriate placement but Mother's refusal to consent prevented the district from implementing and providing a FAPE. I.R. appealed, but the district court affirmed. The court concluded that the district court erred in concluding that the district could not initiate a due process hearing to address Mother's refusal to the IEP's recommended placement. In this case, the district waited a year and a half before initiating a hearing, which the court determined was too long a period of time. Therefore, to the extent that I.R. lost an educational opportunity and was deprived of educational benefits for an unreasonably prolonged period, the district can be held responsible for denying her a FAPE for that unreasonably prolonged period. The court reversed and remanded.
Court Description: Individuals with Disabilities Education Act. Reversing the district court’s judgment in an action under the Individuals with Disabilities Education Act, the panel concluded that a school district did not initiate a due process hearing within a reasonable time after a child’s parents failed to consent to the provision of services necessary to provide a Free Appropriate Public Education. California Education Code § 56346(f) required the school district to initiate a due process hearing if it determined that a portion of an Individualized Education Program to which the parents did not consent was necessary to provide the child with a FAPE. The panel concluded that a period of a year and a half was too long for the school district to wait to initiate the hearing. The panel remanded for the district court to determine the appropriate remedy for the injury of the child remaining in an inappropriate program for a much longer period of time than should have been the case. I.R. V. LOS ANGELES USD 3
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