DL

MEMORANDUM DECISION AND ORDER

INTRODUCTION

Plaintiff Los Angeles Unified School District (the “District”) appeals two legal conclusions contained in a decision involving defendant and former District student D.L. (“D.L.”) rendered by Administrative Law Judge Eileen M. Cohn (the “ALJ”). (District’s Opening Brief (“DOB”) at 1). The decision was issued on August 8, 2006, following a due process hearing under California special education law, Education Code section 56303 et seq and the Individual With Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. (LAUSD 01-016).

On November 7, 2006, the District filed its complaint in district court challenging the ALJ’s decision. On June 12, 2007, the parties consented, pursuant to 28 U.S.C. § 626 , to proceed before the undersigned Magistrate Judge. The parties filed cross-motions in August and October 2007, respectively, and the Court held a hearing on the motions on November 20, 2007.

THE DISTRICT’S CONTENTIONS

The District seeks to reverse the ALJ’s conclusion that the district was “duty-bound” to assess a general education student when a parent referred the student for an initial special education assessment. The District…