Katherine G. ex rel. Cynthia G. v. Kentfield School District

Good Law
112 F. App'x 586
United States Court of Appeals for the Ninth CircuitOctober 21, 2004No. 03-15898, 03-15989; D.C. No. CV-01-1344-SBA/MEJCalifornia797 words

Opinion

Lead Opinion

MEMORANDUM *

The parties appeal from the district court’s order granting summary judgment to Plaintiff, in part, and Defendant, in part. Plaintiff Katherine G. challenges the district court’s conclusion that Defendants Kentfield School District and Marin County Board of Education offered her a “free appropriate public education” (“FAPE”), 20 U.S.C. § 1412 (a)(1)(A), under the Individuals with Disabilities Education Act (“IDEA”), id. §§ 1400-1487, for the 2000-2001 school year. Defendants, in turn, cross-appeal the district court’s decision that they denied Plaintiff a FAPE for the 1999-2000 school year and the 2000 extended school year (“ESY”).

1. Appeal: 2000-2001 school year.

The placement offer for the 2000-2001 school year, which included a morning special day class and an afternoon inclusion experience in a regular-education kindergarten classroom, satisfied the “least restrictive environment” requirement of 20 U.S.C. § 1412 (a)(5)(A). See Sacramento City Unified Sch. Dist. v. Rachel H., 14 F.3d 1398 , 1404 (9th Cir.1994) (adopting a four-part test to evaluate “mainstreaming” challenges). We need not decide whether the district court erred by holding that the first factor…

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