The opinion of the court was delivered by: The Honorable James V. Selna, United States District Judge
This action was heard by the Court on June 15, 2009, on the following motions:
* Plaintiff Orange County Department of Education's ("OCDE") Motion for Summary Judgment.
* Defendant California Department of Education's ("CDE") Motion for Summary Judgment, or in the Alternative, for Summary Adjudication.
* Defendant Los Angeles Unified School District's ("LAUSD") Motion for Summary Judgment, or in the Alternative, for Summary Adjudication.
* Defendant Charter Oak Unified School District's ("COUSD") Motion for Summary Judgment.
All parties appeared through counsel, as reflected by the record. The Court issued an order on June 18, 2009 GRANTING THE OCDE's Motion, DENYING THE CDE'S Motion, GRANTING THE LAUSD's Motion, and GRANTING THE COUSD's Motion ("Order").
The CDE subsequently appealed the Order to the Ninth Circuit Court of Appeals. On December 28, 2011, the Ninth Circuit issued its decision ("Decision"), reversing and remanding, in part, the Court's June 18, 2009 Order.
In accordance with the Court's June 18, 2009 Order and the Ninth Circuit's December 28, 2011 Decision, the Court hereby ENTERS ITS AMENDED JUDGMENT as follows:
On The OCDE's Claims Against A.S. And The Office Of Administrative Hearings:
1) The Decision rendered by the hearing officer at the October 31, 2007 hearing of the Office of Administrative Hearings ("OAH"), in Case No. N2006100050, is hereby reversed.
2) As of June 8, 2006, the OCDE did not have, and the OCDE does not now have, any obligation to implement or fund any portion of the Individualized Educational Program ("IEP") for the student known in this proceeding as "A.S.," including his out-of-state placement at the residential treatment facility at Cinnamon Hills, Utah.
3) The CDE is the entity entirely responsible for implementing and funding A.S.' educational program for the period between July 28, 2006 and October 10, 2007. This responsibility includes the out-of-state placement of A.S. at the residential treatment facility at Cinnamon Hills, Utah.
4) On October 10, 2007, the Orange Unified School District (OUSD) became the educational agency responsible for implementing and funding A.S.' educational program. This responsibility includes the out-of-state placement of A.S. at ...