Drobnicki Ex Rel. Drobnicki v. Poway Unified School District

During the 2005-06 school year, Daniel Drobnicki was a high school sophomore in the Poway Unified School District (“Po-way”) eligible for special education and related services. See Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. Daniel’s mother, Evelyn Drobnicki, brought suit under the IDEA on behalf of Daniel, alleging, among other things, that Poway denied Daniel a free appropriate public education (“FAPE”) for the 2005-06 school year because it did not schedule an individualized education program (“IEP”) meeting with her and her husband at a “mutually agreed on time and place,” as required by 34 C.F.R. § 300.322 (a)(2). We hold that Po-way denied Daniel a FAPE for the 2005-06 school year by seriously infringing his parents’ right to participate in the formulation of his IEP, and so reverse.

“We review de novo the question whether a school district’s proposed individualized education program provided a FAPE.” N.B. v. Relígate Elementary Sch. Dist., 541 F.3d 1202, 1207 (9th Cir.2008). “We review the district court’s findings of fact for clear error, even when the district court based those findings on an administrative record.” JG v. Douglas…