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Chavez v. N. Mex. Pub. Educ. Dept., No. 09-2063

Partial Judgment for Student and School in IDEA Matter

In Chavez v. N. Mex. Pub. Educ. Dept., No. 09-2063, an action raising claims against a school district requesting equitable relief, including reimbursement for the efforts of plaintiff's mother to keep plaintiff at grade level while he was out of school, and seeking injunctive, declaratory and compensatory education, including systemic relief to ensure across New Mexico proper monitoring of children with autism and an adequate continuum of alternative placements for the child, the court affirmed in part the partial judgment for both parties where defendant did not either formally determine or find out that a regional or state delivery system was necessary or one or more students could best be served by a state or regional program.  However, the court reversed in part where the state education agency need not have been part of the administrative process here.

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