L.M.

MEMORANDUM

L.M. was a severely autistic two-year-old child residing in the Capistrano Unified School District (“School District”). L.M.’s parents (“Parents”) sought a free and appropriate public education (“FAPE”) pursuant to the Individuals with Disabilities Education Act (“IDEA”). The School District offered L.M. several Individual Education Plans (“IEPs”) in early 2005. The Parents rejected the proposed IEPs and challenged their validity before an administrative law judge (“ALJ”) pursuant to the IDEA. At the administrative proceeding, the Parents prevailed on some claims and failed on others. The Parents appealed the ALJ’s decision to the United States District Court for the Central District of California. The district court reviewed the ALJ’s decision and reversed on procedural grounds, but did not reach the substantive merits of the proposed IEPs. On appeal, a panel before this Court reversed the district court’s decision and held that there had been no procedural violations. L.M. v. Capistrano Unified Sch. Dist., 556 F.3d 900, 910-11 (9th Cir.2009). The case was remanded to the district court to determine whether the proposed IEP was valid on substantive grounds. On remand,…