N.G. Ex Rel. Vance v. ABC Unified School District

Good Law
670 F. App'x 540
United States Court of Appeals for the Ninth CircuitNovember 3, 201614-56666California541 words

Opinion

Opinion

MEMORANDUM

N.G., a teenager diagnosed with emotional disorders, had been receiving special education services while being hospitalized between October 2012 and March 2013 at College Hospital, located within the ABC Unified School District (the “District”). She appeals from the district court’s decision affirming the ALJ’s determination that the District did not deny N.G. a free appropriate public education under the Individuals with Disabilities Education Act (IDEA) by not offering her a Residential Treatment Center (“RTC”) placement following her discharge. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the question of whether the District was required to offer and fund the student’s RTC placement under the IDEA and California law. Doug C. v. Haw. Dept. of Educ., 720 F.3d 1038, 1042 (9th Cir. 2013). We review the district court’s findings of fact for clear error. Amanda J. v. Clark Cty. Sch. Dist., 267 F.3d 877, 887 (9th Cir. 2001). The factual findings of the ALJ are entitled to deference, particularly when, as here, the findings are “thorough and careful” R.B. v. Napa Valley Unified Sch. Dist., 496 F.3d 932, 937 (9th Cir. 2007) (internal…

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