Cupertino Union School District v. K.A. ex rel. S.A.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

[Re: ECF 45]

In this appeal pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., plaintiff Cupertino Union School District (“District”) seeks judicial review of adverse rulings rendered by Administrative Law Judge Margaret Broussard (“ALJ”) of the California Office of Administrative Hearings (“OAH”) on two of three issues presented at a five-day due process hearing. The District also appeals the ALJ’s award of compensatory services to student K.A. based on those adverse rulings. Defendant and counterclaimant S.A. is K.A.’s father (“S.A.” or “Father”), who is proceeding pro se to vindicate his independent right to a free appropriate public education (“FAPE”) for his child pursuant to the IDEA. Winkelman ex rel. Winkelman v. Parma City Sch. Dist., 550 U.S. 516 , 127 S.Ct. 1994 , 167 L.Ed.2d 904 (2007). Father seeks judicial review of the ALJ’s ruling on the third issue, on which the ALJ ruled in the District’s favor.

Presently before the Court is the District’s Motion for Summary Judgment. 1 On September 4, 2014, the Court heard oral argument on the…