Vasheresse

Vasheresse v. Laguna Salada Union School District

Good Law
211 F. Supp. 2d 1150·2001 WL 1905928·2001 U.S. Dist. LEXIS 24118
United States District Court, Northern District of CaliforniaMarch 28, 20014:99-cv-04756California4,331 words

Opinion

Opinion

Wilken, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Plaintiff, Stephany Vasheresse and her parents David and Susan Vasheresse move for summary judgment on their claims under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq., arguing that the California Special Education Hearing Officer erred in her determination of the issues presented at the administrative hearing below. Defendant Laguna Salada Union School District opposes the motion and cross-moves for summary judgment affirming the hearing officer’s decision. The issue is whether the District committed procedural violations and failed adequately tq assess Ste-phany’s disabilities, thereby denying her a free and appropriate public education (FAPE). The matter was heard on September 22, 2000. Having considered all of the papers filed by the parties and oral argument on the motion, the Court DENIES Plaintiffs’ motion for summary judgment and GRANTS Defendant’s motion for summary judgment.

BACKGROUND

I. Factual History

Stephany Vasheresse was born in 1988. She lives with her family in Pacifica, which is in the Laguna Salada Union…

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