Ostby

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

I.

INTRODUCTION

This case involves solely a claim for attorney’s fees and costs under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 , et seq. Defendant Oxnard Union High has moved for judgment on the pleadings. Having considered the papers submitted and the file in the case, the Court has determined that this matter is suitable for submission to the Court without oral argument. See Local Rule 7-15; Fed.R.Civ.P. 78. For the reasons stated herein, Defendant’s motion is DENIED.

II.

FACTUAL ALLEGATIONS

On September 27, 2001, Plaintiffs filed a complaint for award of attorney’s fees and costs. The following facts are alleged in the complaint, and are taken as true for purposes of this motion. McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir.1988).

In September 1997, Elise Ostby enrolled in Rio Mesa High School in the Oxnard Union High School District (“District”). Complaint ¶ 10. She had several different handicaps, including learning disabilities, speech and language problems possibly resulting from Asberger’s Syndrome (a form of Autism) and serious emotional disturbance. Complaint ¶ 9. She had…