AM Ex Rel. Marshall v. MONROVIA UNIFIED SCHOOL

N. Jane DuBovy and Mandy L. Favaloro, A2Z Educational Advocates, Pacific Palisades, CA, for the plaintiffs-appellants.

Jonathan J. Mott, Parker & Covert, Tustin, CA, for the defendants-appellees.

Keith L. Wurster, Baker & McKenzie, Palo Alto, CA, for amicus Council of Parent Attorneys and Advocates.

Before: ALFRED T. GOODWIN and JOHNNIE B. RAWLINSON, Circuit Judges, and MARK W. BENNETT, District Judge. [*]

Opinion by Judge GOODWIN; Partial Concurrence and Partial Dissent by Judge BENNETT.

GOODWIN, Circuit Judge:

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.

A.M. was a young boy, approximately eleven years old at all relevant times, with cerebral palsy, seizure disorder, and…