Bellflower Unified School District v. Fernando Lua, et al.

The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., requires that each Local Educational Agency (“LEA”) provide a free appropriate public education (“FAPE”) to certain eligible students. Petitioner is a California LEA within whose boundaries student K.L. resided. K.L’s parents unilaterally placed K.L. in a private parochial school located outside Petitioner’s boundaries. An Administrative Law Judge found Petitioner to be the LEA responsible for providing reassessments to K.L. and that Petitioner’s refusal to provide reassessments denied K.L. a FAPE. As a remedy for the denial of FAPE, the ALJ ordered Petitioner to reimburse K.L.’s parents for the costs of the unilateral private placement. The questions presented are:

1. Is the District of Residence the responsible Local Educational Agency for providing reassessments, and coordinate provision of special education, to a student who lives within the residential boundaries of that school district but who was unilaterally parentally placed in a private parochial school located within another school district’s boundaries?

2. Is reimbursement of the unilateral private placement appropriate where there was no denial of FAPE prior to the enrollment, parents failed to provide preplacement notice to the District of Residence, and the private parochial school provides no special education services and is not otherwise appropriate?