G.M. Ex Rel. G.M. v. Saddleback Valley Unified School District

Good Law
583 F. App'x 702
United States Court of Appeals for the Ninth CircuitJuly 18, 201412-56627California736 words

Opinion

Opinion

MEMORANDUM

Appellants G.M. (“Mother”) and R.M. (“Student”) appeal the district court’s decision, which affirmed an Administrative Law Judge’s determination that Saddle-back Valley Unified School District (“School District”) did not violate its “child . find” obligation with respect to Student, nor did it fail to provide Student with a Free and Appropriate Public Education (“FAPE”). In addition to ruling on the merits of plaintiffs’ claims, the district court also solicited a request for an award of attorneys’ fees from the School District based on its conclusion that plaintiffs’ claims were frivolous or presented for an improper purpose.

Though a close and novel question, the district court did not err in concluding that the School District complied with its child find duty with respect to Student because it took steps to “identiffy], locate[], and evaluate[ ]” Student. Compton Unified Sch. Dist. v. Addison, 598 F.3d 1181, 1183 (9th Cir.2010) (quoting 20 U.S.C. § 1412 (a)(3)(A)).

Nor did the district court err when it concluded that the School District also met its obligation to provide a FAPE to Student. 20 U.S.C. § 1412 (a)(1). The School District drafted an individualized…

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