Bernie Dalien v. Puyallup School District

Good Law
456 F. App'x 644
United States Court of Appeals for the Ninth CircuitOctober 28, 201109-35846California280 words

Opinion

Opinion

MEMORANDUM

The parents of minor student C.D. appeal pro se from the district court’s order affirming an administrative decision under the Individuals with Disabilities Education Act (“IDEA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s decision that the school district complied with the IDEA, see N.B. v. Hellgate Elementary Sch. Dist., 541 F.3d 1202, 1207 (9th Cir.2008), and review its factual determinations for clear error, see J.L. v. Mercer Island Sch. Dist., 592 F.3d 938, 949 (9th Cir.2010). We affirm.

Based on the evidence in the record, the district court properly concluded that the school district provided C.D. with a free appropriate public education under the IDEA. See Van Duyn ex rel. Van Duyn v. Baker Sch. Dist. 5J, 502 F.3d 811, 823-25 (9th Cir.2007) (no violation of the IDEA where school district materially implemented the individualized educational program). The IDEA accords educators discretion to select from various methods for meeting the individualized needs of a student, provided those practices are reasonably calculated to provide him with educational benefit. See, e.g., Adams v. Oregon, 195 F.3d 1141 , 1149-50 (9th…

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