Pointe Educational Services v. A.T. Ex Rel. A.T

MEMORANDUM

The administrative law judge (ALJ) concluded that the Austin Center for Exceptional Students (ACES) would not afford A.T. a free appropriate public education (FAPE). The ALJ reached that conclusion after finding that ACES would involve excessive transitions between classes, inclusion of significantly older students in academic classes, and exposure to a student population with more severe behavioral issues than A.T. exhibited. The district court found this to be a “close case,” but ultimately concluded that the ALJ’s findings were not entitled to deference. We agree with the district court that this is indeed a close case, but on balance we believe the ALJ’s findings are adequately supported by the record and should not have been disturbed.

Two general principles inform our review of the district court’s decision. First, although the district court reviews the ALJ’s decision de novo, our cases instruct that an ALJ’s findings are entitled to deference when they are thorough and careful. Ashland School Dist v. Parents of Student R.J., 588 F.3d 1004, 1008 (9th Cir.2009). The ALJ’s findings in this case, rendered after the ALJ heard live testimony at a two-day evidentiary…