J.W. Ex Rel. J.E.W. v. Fresno Unified School District

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OF IDEA CLAIM (Docs. 91, 105)

Introduction

By amended motion, filed on February 26, 2009, plaintiff J.W., by and through his parents J.E.W. and JA.W. (“Student”), moves for summary judgment on his Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., claim against defendant Fresno Unified School District (“District”). Student challenges an August 14, 2007 decision made by Administrative Law Judge (“ALJ”) Suzanne Brown, Office of Administrative Hearings, Special Education Division, State of California. Student argues, inter alia, that the ALJ erred to decide that District provided Student with a free appropriate public education (“FAPE”), as required by the IDEA, for the time period between September 1, 2003 through September 1, 2006. Student claims that District committed procedural and substantive violations of the IDEA. For the following reasons, this Court finds that the ALJ did not err in her decision, and DENIES in full Student’s summary judgment motion.

Statutory Framework

IDEA

“The IDEA is a comprehensive educational scheme, conferring on disabled students a substantive right to public…