Great Case from the 9th Circuit (May 13, 2016)

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CA Department of Health Care Services sues the Office of Administrative Hearings (OAH) in a special education due process hearing.

May 13, 2016 decision from Ninth Circuit Court of Appeals.

Parties:

CA Dept of Health Care Services, Petitioner/Appellee v. CA Office of Administrative Hearings v. Parents + Cupertino School District + Santa Clara County Office of Education.

Dispute is related to attorneys fees, related services, and stay put.

Pertinent quotes – “We also doubt that the California Legislature intended for the Department of Health Care Services to insulate itself from review in these cases by implementing its own appeal process to the exclusion of an ALJ’s jurisdiction. Moreover, while ALJs are not usually medically trained, they are triers of fact capable of weighing evidence and reaching factual conclusions.”

“Because the medically necessary occupational therapy services in J.C.’s IEP were necessary for him to benefit from special education, the ALJ also had authority to order compensatory therapy . . . For the same reason, the ALJ had authority to order reimbursement for the independent assessments obtained by J.C.’s parents.”

Short URL for case is at:

https://goo.gl/L2QKgs

We just published our 2015 Year in Review book, Wrightslaw: Special Education Legal Developments and Cases 2015.

https://www.wrightslaw.com/bks/2015law/index.htm

We will more than likely include this Ninth Circuit case next year in our 2016 Year in Review book.

The 2015 Year in Review contains a Table of Decisions that includes the date, court, synopsis of legal issues, outcome, and prevailing party in the cases. Each case in the Table of Decisions is linked to a summary of the case where the Court’s words are used to describe the issues in the case and the Court’s rulings. Each case also includes a link to the full text of the decision as published in Google Scholar.

Learn about decisions in IDEA cases in all twelve Circuits in 2015 and legal concepts like:

  • Split between Circuits
  • Legal Citations
  • Do Not Publish / FRAP

– as well as 2015 actions and opinions from the U.S. Department of Justice (DOJ) and U.S. Department of Education and Rehabilitation Services (OSERS) and the Office of Special Education Programs (OSEP).

Get your copy today! Order PDF from Wrightslaw – Immediate Download   $14.95

Order Print Edition from Amazon

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