K. S. v. Fremont Unified School District

MEMORANDUM

In this Individuals with Disabilities Education Act (“IDEA”) lawsuit, K.S. appeals the district court’s grant of summary judgment in favor of the defendant Fremont Unified School District (the “District”).

To be eligible for federal education funding, the IDEA requires a state to have policies and procedures in place to ensure that “[a] free appropriate public education is available to all children with disabilities residing in the State.” 20 U.S.C. §'1412(a)(1)(A). The IDEA does not require that the state adhere to any particular educational approach. See Adams v. Oregon, 195 F.3d 1141 , 1145 (9th Cir.1999). Rather, the IDEA requires that the state’s program provide specialized instruction “supported by such services as are necessary to permit the child ‘to benefit’ from the instruction.” Bd. of Educ. v. Rowley, 458 U.S. 176, 189 , 102 S.Ct. 3034 , 73 L.Ed.2d 690 (1982).

1. K.S. first contends that the district court erred in giving deference to the ALJ’s 40-page original decision and subsequent 29-page remand decision. Specifically, K.S. alleges that the district court acted as a “rubber stamp” with regard to the administrative law judge’s (“ALJ”) credibility…