S.W. Ex Rel. Kho-Wong v. Governing Board of East Whittier City School District

Good Law
504 F. App'x 571
United States Court of Appeals for the Ninth CircuitJanuary 10, 201311-55694California534 words

Opinion

Opinion

MEMORANDUM

S.W. appeals the district court’s decision affirming a California Administrative Law Judge (“ALJ”) decision denying all but one of his claims for relief under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in affirming the ALJ’s evaluation of witness credibility. The ALJ, as the finder of fact, is best positioned to assess witness credibility, and her credibility-based determinations warrant deference. Amanda J. ex rel. Annette J. v. Clark Cnty. Sch. Dist., 267 F.3d 877, 889 (9th Cir.2001) (“[Cjredibility-based findings ... deserve deference unless non-testimonial, extrinsic evidence in the record would justify a contrary conclusion or unless the record read in its entirety would compel a contrary conclusion.”) (internal quotation marks omitted). The record does not compel a contrary conclusion regarding credibility. In a lengthy decision, the ALJ carefully considered each witness’s testimony, and the district court did not err in deferring to her determination that the school district’s experts were more persuasive than…

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