D.B.

D.B. Ex Rel. Roberts v. Santa Monica-Malibu Unified School District

Good Law
606 F. App'x 359
United States Court of Appeals for the Ninth CircuitJune 1, 201513-55665California511 words

Opinion

Opinion

MEMORANDUM

Santa Monica-Malibu Unified School District appeals the district court’s final order awarding D.B. reimbursement for the cost of tuition at the Westview School for the 2010-11 school year, related educational expenses and attorney’s fees and costs. We have jurisdiction under 28 U.S.C. § 1291 , and we áffirm.

1. The District argues D.B. did not allege in her administrative complaint that the District’s failure to include D.B.’s parents at the June 8, 2010 meeting was a procedural violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The District has waived this argument by failing to raise it in the district court. See in re Mercury Interactive Corp. Sec. Litig., 618 F.3d 988, 992 (9th Cir.2010).

2 The district court properly concluded the District’s failure to include D.B.’s parents at the June 8 meeting was a procedural violation of the IDEA. The IDEA’S implementing regulations require that parents participate in meetings concerning the formulation of an Individualized Education Program (IEP) and the educational placement of their child. See 34 C.F.R. ■§ 800.501(b). An agency can make a decision without the parents only if it…

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