M.C. v. Antelope Valley Union High School District, No. 14-56344 (9th Cir. 2017)Annotate this Case
M.C. filed suit under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400(d)(1)(A), alleging that the district violated the IDEA by (1) failing to adequately document the services provided by a teacher of the visually impaired (TVI), (2) failing to specify the assistive technology (AT) devices provided, and (3) failing to file a response to the due process complaint. The court concluded that the district's failure to adequately document the TVI services and AT devices offered to M.C. violated the IDEA and denied M.C. a free appropriate public education (FAPE); these procedural violations deprived M.C.'s mother of her right to participate in the individualized education program (IEP) process and made it impossible for her to enforce the IEP and evaluate whether the services M.C. received were adequate; and, at the very least, plaintiffs were entitled to have the district draft a proper IEP and receive compensatory education he would have occupied but for the school's violations of the IDEA. Accordingly, the court reversed the judgment and remanded.