Ka. D. v. Solana Beach School District

MEMORANDUM

The cross appeals in this case arise out of the district court’s order affirming an administrative decision under the Individuals with Disabilities Education Act (“IDEA”). Because the history and facts of this case are familiar to the parties, we recount them only to the extent necessary to explain our decision.

The Solana Beach School District (“School District” or “District”) offered Ka.D. (“Student”), who is autistic, a placement for the 2007-2008 school year after conducting a meeting to develop an individualized education program (“IEP”) for her. After providing notice to the District, the Student’s parents chose to place her at Hanna Fenichel, a private general education school serving typically developing children, and sought tuition reimbursement under the IDEA.

A due process hearing under the IDEA, 20 U.S.C. § 1415 (f), then ensued. The administrative law judge (“ALJ”) determined that the School District had failed to provide the Student with a free and appropriate public education (“FAPE”), and that the Hanna Fenichel placement was appropriate. These two findings provided the necessary predicate for the parents to qualify for reimbursement of their unilat…