Termine

Termine v. William S. Hart Union High School District

Good Law
249 F. App'x 583
United States Court of Appeals for the Ninth CircuitSeptember 28, 2007Nos. 05-56062, 05-56121, 05-56733California1,011 words

Opinion

Lead Opinion

MEMORANDUM *

William S. Hart Union High School District (“Hart”) appeals the district court’s judgment affirming in part and reversing in part the July 2003 decision of the Special Education Hearing Office (“SEHO”). The district court found that Hart failed to properly implement Aja Termine’s individualized education program (“IEP”) upon her enrollment in October 2001 and denied Aja a free and public education (“FAPE”) for all periods between October 3, 2001 *586 and July 3, 2002. Hart also appeals the district court’s dismissal as moot of Hart’s complaint against the Termines as to the separate January 2004 SEHO decision. The Termines cross-appeal the district court’s judgment, contending that it should have designated Westmark School (“West-mark”) as Aja’s stay put placement. We affirm the district court.

The Individual with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., defines a FAPE, in part, as “special education and related services that ... are provided in conformity with the [IEP].” 20 U.S.C. § 1401 (8)(D) (2001-02). The IDEA provides parents of a child with a disability the “opportunity to present complaints •with respect to any matter relating to ...…

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