Julie Walhovd v. Bellflower Unified School Dist

Good Law
526 F. App'x 803
United States Court of Appeals for the Ninth CircuitJune 3, 201311-56603California877 words

Opinion

Opinion

MEMORANDUM

Bellflower Unified School District (“Bell-flower”) appeals two issues: (1) the merits of the district court’s decision in student plaintiff Julie Walhovd’s (“Walhovd”) Individuals with Disabilities in Education Act (IDEA) lawsuit; and, (2) the district court’s ruling that Walhovd was a prevailing party in the lawsuit resulting in an award of $57,231.25 in attorneys’ fees and costs to Walhovd pursuant to the IDEA. We affirm.

In 2005, Walhovd was accused of starting a fire at school and suspended. Wal-hovd filed an administrative complaint before the Office of Administrative Hearings. Walhovd complained about her twenty-two day suspension and alleged a due process violation based on the long running deficiencies in the public education Bellflower provided her. The parties reached a settlement on the suspension issue, but proceeded to a hearing on the due process issue.

In 2007, the ALJ issued a decision on both the suspension and due process issues. The ALJ found that the interim settlement agreement resolved all issues related to compensatory education for Walhovd’s suspension. The ALJ also found that Bellflower failed to provide Walhovd a fair and adequate public…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.