L. J. V. Pittsburg U.S.D., No. 14-16139 (9th Cir. 2016)
Annotate this CaseL.J.’s mother filed suit in federal district court to require the school district to provide L.J. with an Individualized Education Plan (IEP) to provide specialized services to assist with what she contends are serious disabilities. The district court reviewed the record and found that L.J. was disabled under three categories defined by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. Nevertheless, the district court concluded that an IEP for specialized services was not necessary because of L.J.’s satisfactory performance in general education classes. The court concluded that L.J. clearly exhibited behavioral and academic difficulty during the snapshot period where he threatened and attempted to kill himself on three occasions in 2012; in the fall, he frequently acted out at school, and continued to have needs associated with his medication regimen; and the district court should not have discounted these facts. The court concluded that they demonstrate that L.J. required special education services. Because L.J. is eligible for special education, the school district must formulate an IEP. The court also concluded that the school district clearly violated important procedural safeguards set forth in the IDEA. In this case, the school district failed to disclose assessments, treatment plans, and progress notes, which deprived L.J.’s mother of her right to informed consent. The school district also failed to conduct a health assessment, which rendered the school district and IEP team unable to evaluate and address L.J.’s medication and treatment related needs. Accordingly, the court reversed and remanded.
Court Description: Individuals with Disabilities Education Act. The panel reversed the district court’s summary judgment in favor of the defendant school district in an action brought by a student and his mother under the Individuals with Disabilities Education Act. The panel held that the student was eligible for special education services. The panel agreed with the district court that the student had three disabling conditions. The panel disagreed, however, with the district court’s and the state administrative law judge’s ruling that the student did not need special education services because of his satisfactory performance in general education. Rather, the student exhibited a need for services because his improved performance was due to his receipt of special services, including mental health counseling and assistance from a one- on-one paraeducator, which were not services offered to general education students. In addition, the district court did not adequately take into account the student’s continued troubling behavior and academic issues. The panel held that the student’s psychiatric hospitalizations and suicide attempts were relevant to his eligibility for specialized instruction even though they occurred outside the school environment. The panel held that the school district also committed procedural violations of the IDEA by failing to disclose school records and failing to conduct a health assessment. L.J. V. PITTSBURG U.S.D. 3 The panel reversed the district court’s decision and remanded for it to order that the school district provide the remedy of an individualized educational plan.
The court issued a subsequent related opinion or order on February 27, 2017.
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