D.A. v. Meridian Joint School District No. 2

MEMORANDUM

All parties agree that Matthew has As-perger’s Syndrome, a high functioning form of autism. This appeal is by Matthew’s parents (the Parents) from the district court’s affirmance of the hearing officer’s determination that Matthew, despite having Asperger’s Syndrome, was not in need of special education services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 . We conclude that the Parents have not carried their burden of showing that the hearing officer erred in excluding certain proffered evidence or that the district court and the hearing officer failed to consider both nonacademic and academic factors in reviewing the conflicting evidence. Accordingly, we affirm.

1. The Parents have not shown that the district court erred in affirming the hearing officer’s exclusion of certain evidence. The first proceeding before a hearing officer was brought by Meridian School District (MSD) seeking confirmation of its refusal in February, 2011 to prepare an Independent Educational Evaluation (IEE) for Matthew. The second proceeding, from which this appeal arises, was initiated by the Parents after the IEE had been prepared, and after MSD, having…