Đang xem: Student v. placentia-yorba
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Court of Appeals for the Ninth Circuit
Filed: April 6th, 2020
Precedential Status: Non-Precedential
Citations: None known
Docket Number: 18-56407
Nature of suit: Civil
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 6 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUITN. G., a conserved adult, by and through her No. 18-56407conservators, R.G. and G.G.; et al., D.C. No. Plaintiffs-Appellants, 8:17-cv-02121-AG-DFM v. MEMORANDUM*PLACENTIA YORBA LINDA UNIFIEDSCHOOL DISTRICT, Defendant-Appellee. Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding Argued and Submitted March 6, 2020 Pasadena, CaliforniaBefore: HURWITZ and FRIEDLAND, Circuit Judges, and KORMAN,** DistrictJudge. N.G. is a young woman on the autistic spectrum who qualified for educationalservices pursuant to the Individuals with Disabilities Education Act (“IDEA”), 20 * This disposition is not appropriate for publication and is not precedentexcept as provided by Ninth Circuit Rule 36-3. ** The Honorable Edward R. Korman, United States District Judge forthe Eastern District of New York, sitting by designation.U.S.C. § 1400 et seq., because of her significant intellectual deficits. Until 2016,N.G.’s school district (“the District”) funded her attendance at a certified non-publicschool. In September 2015, N.G.’s parents asked the District to offer N.G. aplacement in a full-time residential treatment program because the behavioralprogress she had made at school was not reflected at home, where her self-injuriousand aggressive behavior continued and negatively affected her twin sister, who alsohas significant disabilities. This request was denied. On November 25, 2015, N.G.’sparents filed a request for a due process hearing. They alleged that the failure to offerN.G. a residential placement denied her a free appropriate public education(“FAPE”) for the 2014–2015 and 2015–2016 school years. See 20 U.S.C.§ 1412(a)(1). In January 2016, the parties entered into a settlement agreement,pursuant to which the District agreed to help fund N.G.’s unilateral placement atHeartspring, a private residential treatment center in Kansas, through June 2016. Theagreement also provided that the parties would proceed with an annual meeting todevelop an individualized education program (“IEP”) for N.G. for the 2016–2017school year “to offer