Miller Ex Rel. Miller v. San Mateo-Foster City Unified School District

MEMORANDUM & ORDER

Re: Cross Motions for Summary Judgment

Plaintiff Grant Miller (“Grant” or “plaintiff’), by and through his guardian ad li-tem, Larry Miller, brings this action against the San Mateo-Foster City Unified School District (“the District”) pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq., seeking attorneys’ fees and reversal of portions of a state Special Education Hearing Office (“SEHO”) decision. Specifically, plaintiff contests the decision of the SEHO hearing officer (“HO”) to deny private school tuition reimbursement for the period during which the District violated its Child Find obligations under the IDEA. 20 U.S.C. §§ 1412 (a)(3) & (10)(A)(ii). Now before this court are the parties’ cross motions for summary judgment. After having considered the parties’ arguments and submissions, and for the reasons set forth below, the court rules as follows.

BACKGROUND

I. Statutory Background

Congress enacted the IDEA “to assure that all children with disabilities have available to them ... a free appropriate public education which emphasizes special education and related services designed to meet their unique needs ....…