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L.R., A Minor, Etc. v. Bellflower Unified School District

June 27, 2012

L.R., A MINOR, ETC.
v.
BELLFLOWER UNIFIED SCHOOL DISTRICT



The opinion of the court was delivered by: Present: The Honorable R. Gary Klausner, U.S. District Judge

JS-6

CIVIL MINUTES - GENERAL

Sharon L. Williams Not Reported

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Order re: Court Trial and Judgment

INTRODUCTION

L.R., a minor, by and through his Guardian Ad Litem, Angelica Zambrano, and Angelico Zambrano (collectively, "Plaintiffs") filed a due process hearing complaint before the California Office of Administrative Hearings. The complaint alleged that Bellflower Unified School District ("Bellflower") violated the Individuals with Disabilities Education Act ("IDEA") by failing to offer L.R. ("Student") a free appropriate public education ("FAPE") pursuant to the individualized education program ("IEP") meetings of May 19, 2009 and May 21, 2010.

Administrative Law Judge Carla Garrett ("ALJ Garrett") presided over the proceedings, and identified the following three main issues:

(1) Did Bellflower deny Student a FAPE by failing to assess him in all areas of suspected disability prior to the initial May 19, 2009 IEP?

(2) Did Bellflower deny Student a FAPE in his May 19, 2009 IEP?

(3) Did Bellflower deny Student a FAPE in his May 21, 2010 IEP?

The administrative due process hearing took place over the course of five days. On June 6, 2011, ALJ Garrett issued her decision that found in favor of Bellflower on all issues.

On August 4, 2011, Plaintiffs filed the current action seeking reversal of ALJ Garrett's administrative decision. Specifically, Plaintiffs seek review and reversal of the following administrative findings:

(1) Bellflower provided Student with a FAPE relating to speech and language services pursuant to the May 9, 2009 IEP.

(2) Bellflower provided Student with a FAPE relating to adapted physical education services pursuant to the May 19, 2009 IEP.

(3) Bellflower provided Student with a FAPE relating to speech and language services pursuant to the May 21, 2010 IEP.

By way of their petition, Plaintiffs pray for reversal of the administrative decision, declaratory and equitable relief, reimbursement for privately funded education services expended as a result of Bellflower's ...


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