Shapiro ex rel. Shapiro v. Paradise Valley Unified School District No. 69
Opinion
Lead Opinion
Paez, J.
Defendant-Appellant and Cross-Appel-lee Paradise Valley Unified School District No. 69 (“PVUSD”) appeals the district court’s ruling that it did not provide Plaintiff-Appellee and Cross-Appellant Isadora Shapiro (“Dorie”), a profoundly deaf seven year old child with a cochlear implant, 1 a free appropriate public education (“FAPE”). The district court determined that the PVUSD violated several procedural mandates required by the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1487 , in creating Do-rie’s individualized education program (“IEP”) and that Dorie’s parents were therefore entitled to reimbursement for the costs of sending her to a private out-of-district school. By failing to include a teacher from Dorie’s private educational placement and her parents in her June 8, 1994 IEP meeting, the PVUSD denied Do-rie a FAPE. We therefore agree with the district court that Dorie’s parents are entitled to reimbursement for the costs of sending her to a private out-of-district school for the 1994-1995 school year. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.