Carlos Baquerizo v. Garden Grove Unified Sch Dist

Good Law
826 F.3d 1179·2016 WL 3435270·2016 U.S. App. LEXIS 11307
United States Court of Appeals for the Ninth CircuitJune 22, 201614-56464California4,974 words

Opinion

Opinion

Smith, J.

Carlos Baquerizo (Carlos or Student) and his guardian, Alexis Baquerizo (Guardian), seek reimbursement from Garden Grove Unified School District (Garden Grove or district) for the cost of Carlos’s private education during the 2009-2010 and 2011-2012 school years. They claim that Garden Grove failed to comply with the procedural requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 -1491o (IDEA), and therefore failed to provide a free appropriate public education (FAPE) in the least restrictive environment (LRE) for Carlos. The administrative law judge (ALJ) denied reimbursement, and the district court affirmed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEDURAL BACKGROUND

Carlos Baquerizo has autism. During the 2006-2007 school year, Carlos attended a general education program at a public school within the Garden Grove school district. Carlos’s instruction was supplemented by instruction at the Pliha Reading and Language Center (PRLC). In the summer of 2007, Guardian withdrew Carlos from public school and he began full-time instruction at PRLC. He continued there until PRLC closed in July 2009. At that…

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