Ordway

ORDER GRANTING IN PART AND DENYING IN PART THE CROSS-MOTIONS FOR SUMMARY JUDGMENT BY CROSS-CLAIMANT AND COUNTER-DEFENDANT DIANA RIGBY

This matter comes before the Court on the counter-claimant and counter-defendant cross-motions for summary judgment. Having considered the materials submitted by the parties, the matters raised at oral argument and the issues raised thereby, the Court adopts the following order.

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 defendants are Andrew Ordway (“Andrew”), and his mother, Cynthia Ordway. Andrew has been a special education student since 1993. (Counter- claimant’s Statement of Genuine Issues, p. 1.)

The plaintiffs and counter-defendants filed this action on July 27, 1999, appealing the April 30, 1999 decision of a California Special Education Hearing Officer (the “Hearing Officer”). The Hearing Officer found, inter alia, that the plaintiffs failed to offer Andrew a free and appropriate public education (“FAPE”) as required by IDEA, and that one or more of the plaintiffs should be required to…