Gellerman

Gellerman v. Calaveras Unified School District

Good Law
43 F. App'x 28
United States Court of Appeals for the Ninth CircuitJuly 25, 2002No. 00-17205; D.C. No. CV-98-06192-AWICalifornia1,523 words

Opinion

Lead Opinion

MEMORANDUM *

Joseph Gellerman, by and through his mother Jeffie Gellerman, appeals the district court’s decision holding that the Calaveras Unified School District (“School District”) provided Joseph with a “free appropriate public education” as required by the Individuals with Disabilities Education Act (“IDEA,” or the “Act”), 20 U.S.C. § 1400 , et seq. We affirm. We also deny the Gellermans’ motion to supplement the record.

Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

*30 A. Procedural Matters

1. Additional Evidence Submitted to the District Court

The district court did not abuse its discretion by permitting the School District to supplement the record before the court with additional evidence. The IDEA expressly provides that “the court ... shall hear additional evidence at the request of a party ....” 20 U.S.C. § 1415 (i)(2)(B)(ii). The district court appropriately and thoroughly weighed the competing concerns identified in Ojai Unified Sch. Dist. v. Jackson, 4 F.3d 1467, 1472-73 (9th Cir.1993), regarding the admission of supplemental evidence, and acted well within its discretion.

2. Additional Evidence…

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