Ordway

ORDER RE SUMMARY JUDGMENT

This matter comes before the Court on the counter-defendant Diana Rigby’s mo tion for summary judgment. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court denies Rigby’s motion for summary judgment.

I. BACKGROUND

This action stems from an administrative hearing appeal regarding alleged violations of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 , et seq. (“IDEA”). The plaintiffs and counter-defendants were the Goleta Union Elementary School District, the Hope Elementary School District, the Santa Barbara High School District (“SBHSD”), the Santa Barbara County Special Education Local Plan Area (“SELPA”), and the Santa Barbara Office of Education (“SBCOE”). The defendants and counter-claimants are Andrew Ordway (“Andrew”), and his mother, Cynthia Ordway. Andrew has been a special education student since 1993. (Counter-Cl.’s Stmt.Gen.Iss. at 1.)

The plaintiffs and counter-defendants filed this action on July 27, 1999 in order to appeal the April 30, 1999 decision of a California Special Education Hearing Officer (the “Hearing Officer”). The Hearing Officer found, inter alia,…