K.S. Ex Rel. P.S. v. Fremont Unified School District

Good Law
679 F. Supp. 2d 1046·2009 WL 5215746
United States District Court, Northern District of CaliforniaDecember 22, 2009C 06-07218 SICalifornia6,668 words

Opinion

Opinion

Illston, J.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT and DENYING PLAINTIFF’S MOTION TO EXCLUDE EXPERT TESTIMONY

On December 2, 2009, the Court heard oral argument on the parties’ cross-motions for summary judgment and plaintiffs motion to exclude expert testimony. Having considered the arguments of the parties and the papers submitted, and for good cause shown, the Court hereby rules as follows.

BACKGROUND

Plaintiff K.S. is an eleven-year-old child with autism spectrum disorder. Plaintiff, by and through her parents P.S. and M. S., seeks judicial review of an ALJ decision finding that defendant Fremont Unified School District (“District”) provided her with a free and appropriate public education (“FAPE”) for the 2003-04, 2004-05 and 2005-06 school years.

The Individuals with Disabilities Education Act (“IDEA”) guarantees children with disabilities the right to receive a FAPE designed to meet their unique educational needs. See 20 U.S.C. § 1400 (d)(1)(A). Plaintiff asserts that the individualized education programs (“IEPs”) developed for her by the District in the years in question failed to meet her unique needs. Specifically,…

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