M.P.

Anchorage School District v. M.P.

Good Law
689 F.3d 1047·2012 WL 2927758·2012 U.S. App. LEXIS 14791
United States Court of Appeals for the Ninth CircuitJuly 19, 201210-36065California5,355 words

Opinion

Opinion

Paez, J.

ORDER

The Council of Parent Attorneys and Advocates’ request for publication is GRANTED. The memorandum disposition filed on November 1, 2011 is withdrawn and is replaced with an opinion filed concurrently with this order.

Appellee shall have 14 days from the date of the filing of this order within which to file a petition for rehearing or rehearing en banc. Ninth Circuit Rule 40-2.

OPINION

M.P., through his parents, appeals the district court’s ruling that the Anchorage School District (“ASD”) did not deny M.P. a free and appropriate public education (“FAPE”) because the failure to develop an updated Individualized Education Program (“IEP”) was mostly attributable to his “parents’ litigious approach.” The Individuals with Disabilities Education Act (“IDEA”) mandates that public educational agencies review and revise annually an eligible child’s IEP. 20 U.S.C. § 1414 (d)(2)(A), (4) (A); 34 C.F.R. §§ 300.323 (a), 300.324(b)(1). Neither the IDEA nor its implementing regulations condition this — or any other — duty expressly imposed on a state or local educational agency upon parental cooperation or acquiescence in the agency’s preferred course of action. Penalizing M.P.’s…

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