J.W. ex rel. J.E.W. v. Fresno Unified School District

ORDER

We affirm for the reasons stated by the district court in its published opinion at 611 F.Supp.2d 1097 (E.D.Cai.2009), attached as Appendix A.

AFFIRMED.

APPENDIX A

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

J.W., a minor, by and through his parents J.E.W. and J.A.W., Plaintiff,

vs.

FRESNO UNIFIED SCHOOL DISTRICT, Defendant.

CASE NO. CV F 07-1625 LJO DLB

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT OF IDEA CLAIM (Docs. 91, 105)

Introduction

By amended motion, filed on February 26, 2009, plaintiff J.W., by and through his parents J.E.W. and J.A.W. (“Student”), moves for summary judgement on his Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., claim against defendant Fresno Unified School District (“District”). Student challenges an August 14, 2007 decision made by Administrative Law Judge (“ALJ”) Suzanne Brown, Office of Administrative Hearings, Special Education Division, State of California. Student argues, inter alia, that the ALJ erred to decide that District provided Student with a free appropriate public education (“FAPE”), as required by the IDEA, for the time period between September 1, 2003…