Miguel Avila v. Spokane School District 81
686 F. App'x 384
| 9th Cir. | 2017Background
- G.A., a student in Spokane School District 81, underwent a 2010 special-education reevaluation by the District.
- The Avilas (parents) claimed the District failed to assess G.A. for dyslexia and dysgraphia during that reevaluation and sought an independent educational evaluation at the District’s expense.
- The District administered a battery of tests (including updated WIAT-III) assessing reading fluency and fine motor/writing skills; many tests overlapped with those used by the Avilas’ 2012 private evaluator.
- The district court dismissed the Avilas’ IDEA claims, concluding the 2010 reevaluation was appropriate; the Avilas appealed.
- The Ninth Circuit reviewed whether the District evaluated G.A. "in all areas related to [his] suspected disability" as required by Washington law and IDEA regulations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District failed to assess G.A. for dyslexia and dysgraphia in the 2010 reevaluation | The District omitted testing specifically for dyslexia/dysgraphia and should have used WIAT-II subtests identified by the Avilas | The District assessed reading and writing inefficiencies (including reading fluency and fine motor skills) using appropriate, updated measures (WIAT-III) and thus evaluated relevant areas | The District conducted assessments covering all areas related to the suspected disabilities; no IDEA violation |
Key Cases Cited
- Timothy O. v. Paso Robles Unified Sch. Dist., 822 F.3d 1105 (9th Cir. 2016) (school district must assess all areas of suspected disability; failure to do so can deny FAPE)