K.H.

MEMORANDUM **

An administrative law judge (“ALJ”) from the Office of Administrative Hearings for the State of Oregon determined that Bend-LaPine School District (the “District”) failed to offer K.H. a “free and appropriate public education” (“FAPE”) as required under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1482 . This determination was based on the ALJ’s finding that the individual education plan (“IEP”), 20 U.S.C. § 1414 (d), prepared for K.H. by the District was inadequate. The ALJ also found that KH.’s mother complied with the IDEA’S notice provision, 20 U.S.C. § 1412 (a)(10)(C)(iii), before placing K.H. in a private residential school. Based on these findings, the ALJ awarded K.H.’s mother reimbursement for private educational expenses incurred as a result of that placement.

Pursuant to 20 U.S.C. § 1415 (i)(2), the District appealed the ALJ’s award to the district court. The District contended K.H.’s IEP was adequate, K.H. was provided with a FAPE as required by the IDEA, and that, even if K.H. was not provided a FAPE, reimbursement should be reduced or denied because KH.’s mother did not comply with the IDEA’S notice provision before…