Zasslow

Zasslow v. Menlo Park City School District

Good Law
60 F. App'x 27
United States Court of Appeals for the Ninth CircuitFebruary 24, 2003No. 01-17427; D.C. No. CV-01-00537-SC(EDLP)California874 words

Opinion

Lead Opinion

MEMORANDUM *

Noria and Milford Zasslow, along with their daughters Sarah and Sylvia (the Zasslows), appeal the district court’s grant of summary judgment in favor of the Menlo Park City School District (Menlo Park) and the district court’s affirmance of a California Special Education Hearing Officer’s decision in a dispute over speech and language services. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

The Zasslows argue that Menlo Park violated the Individuals with Disabilities Education Act (IDEA) by providing speech and language therapy through school personnel rather than through a private provider because frequent staff turnover at the school prevented continuity in the relationship between Sarah Zasslow and her therapist. However, the record shows that the school employed a speech and language therapist throughout this ongoing dispute who was qualified to provide therapy to Sarah and thus complied with the IDEA by providing a “free appropriate public education” (FAPE). See 20 U.S.C. § 1412 (a)(1). A school need not provide instruction that is the “absolutely best or potential maximizing” to comply with the IDEA. Amanda J. v. Clark County Sch. Disk,…

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