A.M. v. Monrovia Unif. Sch. Dist., No. 09-55169 - - U.S. Ninth Circuit
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A.M. v. Monrovia Unif. Sch. Dist., No. 09-55169

Individuals with Disabilities Education Act Action

In A.M. v. Monrovia Unif. Sch. Dist., No. 09-55169, an action for violation of the Individuals with Disabilities Education Act (IDEA), and violation of Section 504 of the Rehabilitation Act, the court affirmed summary judgment for defendants in part where 1) defendant-school district did not commit a procedural violation by failing to implement the 2005 Individualized Education Plan (IEP) or by failing to develop and implement a new valid IEP within thirty days of the student at issue transferring into the district; and 2) defendant placed the student in the least restrictive environment appropriate.  However, the court reversed in part where the district court needed to determine whether attorneys' fees should be granted because plaintiffs waived reimbursement and damages, and therefore had no claim that survived the student.

 

As the court wrote:  "A.M. and his parents (collectively, "Plaintiffs") appeal a summary judgment for Monrovia Unified School District and West San Gabriel Special Education Local Planning Area (collectively, "Defendant") on Plaintiffs' action for violation of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1415, and violation of Section 504 of the Rehabilitation Act, 29 U.S .C. § 794. Plaintiffs also appeal an award of attorneys' fees to Defendant under the IDEA. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part and reverse in part."

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