No. 20-1546

Bellflower Unified School District v. Fernando Lua, et al.

Lower Court: Ninth Circuit
Docketed: 2021-05-06
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law due-process fape idea individualized-education-program local-educational-agency ninth-circuit parochial-school reassessments special-education unilateral-private-placement
Key Terms:
DueProcess Privacy
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Is the District of Residence the responsible Local Educational Agency for providing reassessments, and coordinate provision of special education, to a student who lives within the residential boundaries of that school district but who was unilaterally parentally placed in a private parochial school located within another school district's boundaries?

Question Presented (from Petition)

QUESTIONS PRESENTED The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., requires that each Local Educational Agency (“LEA”) provide a free appropriate public education (“FAPE”) to certain eligible students. Petitioner is a California LEA within whose boundaries student K.L. resided. K.L’s parents unilaterally placed K.L. in a private parochial school located outside Petitioner’s boundaries. An Administrative Law Judge found Petitioner to be the LEA responsible for providing reassessments to K.L. and that Petitioner’s refusal to provide reassessments denied K.L. a FAPE. As a remedy for the denial of FAPE, the ALJ ordered Petitioner to reimburse K.L.’s parents for the costs of the unilateral private placement. The questions presented are: 1. Is the District of Residence the responsible Local Educational Agency for providing reassessments, and coordinate provision of special education, to a student who lives within the residential boundaries of that school district but who was unilaterally parentally placed in a private parochial school located within another school district’s boundaries? 2. Isreimbursement of the unilateral private placement appropriate where there was no denial of FAPE prior to the enrollment, parents failed to provide preplacement notice to the District of Residence, and the private parochial school provides no special education services and is not otherwise appropriate?

Docket Entries

2021-06-01
Petition DENIED.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-07
Waiver of right of respondents Fernando Lua, et al. to respond filed.
2021-04-28
Petition for a writ of certiorari filed. (Response due June 7, 2021)

Attorneys

Bellflower Unified School District
Richard Dale BradyLaw Offices of Eric Bathen, Petitioner
Richard Dale BradyLaw Offices of Eric Bathen, Petitioner
Fernando Lua, et al.
Michael Terence KirkpatrickPublic Citizen Litigation Group, Respondent
Michael Terence KirkpatrickPublic Citizen Litigation Group, Respondent