A.G. ex rel. Groves v. Placentia-Yorba Linda Unified School District

MEMORANDUM *

A.G. and his parents contend that the Placentia-Yorba Linda School District denied him a free appropriate public education (“FAPE”) under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., by failing to include his current special education provider at his May 14, 2004, individual education program (“IEP”) team meeting. At the time of the meeting, the IDEA required an IEP team to include “at least one special education teacher, or where appropriate, at least one special education provider of such child.” 20 U.S.C. § 1414 (d)(l)(B)(iii) (effective July 1, 1998 to June 30, 2005). A.G. argues that by requiring the presence of at least one special education teacher or provider “of such child,” Congress intended to require the presence of the student’s current teacher or provider.

This interpretation of the statute is squarely foreclosed by our recent decision in R.B. v. Napa Valley Unified School District (“Napa Valley”), 496 F.3d 932 (9th Cir.2007), which specifically “interpret[ed] this provision not to require the participation of the child’s current special education teacher.” Id. at 940 (emphasis added). Under Napa Valley, an IEP…