Joshua A. ex rel. Jorge A. v. Rocklin Unified School District

Good Law
319 F. App'x 692
United States Court of Appeals for the Ninth CircuitMarch 19, 2009No. 08-15845California879 words

Opinion

Lead Opinion

MEMORANDUM *

The parties are familiar with the facts. We proceed to the law.

Joshua A. (“Student”) argues that Rock-lin Unified School District (“District”) failed to provide him with a Free and Appropriate Public Education (“FAPE”) for the 2006-2007 school year.

To be eligible for federal education funding, the IDEA requires a state to have policies and procedures in place to ensure that “[a] free appropriate public education is available to all children with disabilities residing in the State.” 20 U.S.C. § 1412 (a)(1)(A). The IDEA does not require that the state adhere to any particular educational approach. See Adams v. Oregon, 195 F.3d 1141 , 1145 (9th Cir.1999). Rather, the Act requires that the state’s program provide specialized instruction “supported by such services as are necessary to permit the child ‘to benefit’ from the instruction.” Bd. of Educ. v. Rowley, 458 U.S. 176, 206-07, 188-89 , 102 S.Ct. 3034 , 73 L.Ed.2d 690 (1982).

The district court did not abuse its discretion by giving due weight to the detailed 22-page, single-spaced opinion by the ALJ. See Capistrano Unified Sch. Dist. v. Wartenberg, 59 F.3d 884 , 888, 892 (9th Cir.1995). The ALJ found that…

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