Union School District v. Smith

This case concerns the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., which guarantees handicapped children a free appropriate public education. Union School District (“District”) appeals the district court’s entry of summary judgment awarding reimbursement of expenses to a family who placed their handicapped child, Bernard Smith, in a private counseling facility after the District failed to offer Bernard a free appropriate *1523 public education. The California Department of Education (“CDE”) also appeals, on narrower grounds, disputing the power of the district court to award a family reimbursement to maintain a second lodging so that Bernard could live within daily commuting distance of a non-residential education program.

I.

A.

The District argues that the district court’s entry of summary judgment for the Smiths was improper. In the District Court, the parties filed cross motions for summary judgment, anticipating that the court would base its decision on a review of the exhaustive administrative record. No party indicated that it wished to introduce further evidence. See 20 U.S.C. § 1415 (e)(2) (“the court ... shall hear additional…