C.B. Ex Rel. Baquerizo v. Garden Grove Unified School District
635 F.3d 1155
9th Cir.2011Background
- C.B. is a federally eligible student with autism and ADHD who required specialized education services under IDEA.
- District determined C.B. had multiple unique needs and created an IEP with various specialized services.
- Guardian dissenting letter claimed District services were inadequate and she would seek private supplemental services at public expense.
- Beginning in 2006, C.B. attended a nonpublic center (Reading and Language Center) that could provide language-based services but not arithmetic instruction.
- ALJ found the District failed to provide FAPE but that Center provided only some of C.B.'s needs; awarded full reimbursement for 2006-07 and summer 2007 but partial for 2007-08; district court later awarded full reimbursement; the appeal concerns whether full reimbursement is warranted when a private placement does not cover all needs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether full reimbursement is required when private placement does not meet all needs | Guardian argues full reimbursement fits Carter's standard. | District argues only programs meeting all needs justify full reimbursement. | Full reimbursement affirmed; private placement need not meet every need to be proper. |
| Whether the district court abused discretion in equitable balancing | Guardian contends equities support full reimbursement. | District contends equities should reduce reimbursement for missing services. | No abuse of discretion; Center provided proper, beneficial services at reasonable cost. |
Key Cases Cited
- Florence County School District Four v. Carter, 510 U.S. 7 (Supreme Court 1993) (reimbursement requires (1) public placement violation and (2) proper private placement; equity balancing follows)
- Frank G. v. Bd. of Educ., 459 F.3d 356 (2d Cir. 2006) (private placement need only meet unique needs and enable benefit from instruction)
- County of San Diego v. Cal. Special Educ. Hearing Office, 93 F.3d 1458 (9th Cir. 1996) (weight given to district court factual findings; de novo on legal conclusions)
- Gagliardo v. Arlington Central School District, 489 F.3d 105 (2d Cir. 2007) (private placement need not provide all services; must be designed to meet unique needs)