Irvine Unified School District v. K. G. et al

Filing 73

JUDGMENT by Judge James V. Selna, (MD JS-6, Case Terminated). See document for further details. (ade)

-MLG Irvine Unified School District v. K. G. et al

Doc. 73

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KAREN VAN DIJK, Bar No. 205460 [e-mail] JENNIFER C. BROWN, Bar No. 230181 [e-mail] BEST BEST & KRIEGER LLP 5 Park Plaza Suite 1500 Irvine, CA 92614 Telephone: [phone] Telecopier: [phone] Attorneys for Defendant/Cross Claimant, ORANGE COUNTY DEPARTMENT OF EDUCATION UNITED STATES DISTRICT COURT

JS-6

CENTRAL DISTRICT OF CALIFORNIA IRVINE UNIFIED SCHOOL DISTRICT, Plaintiff, v. K.G., an adult student, ORANGE COUNTY DEPARTMENT OF EDUCATION, and CALIFORNIA DEPARTMENT OF EDUCATION, Defendants. Case No. CV10-01431 JVS (ANx) Judge: Hon. James V. Selna JUDGMENT

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JUDGMENT CV10-01431 JVS (ANx)

Dockets.Justia.com

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LAW OFFICES OF BEST BEST & KRIEGER LLP 5 PARK PLAZA, SUITE 1500 IRVINE, CA 92614

This action was heard by the Court on November 8, 2010, on the following Motions: · Plaintiff Irvine Unified School District's ("IUSD") Motion for Summary Judgment; · Defendant K.G., et al.'s Motion for Summary Judgment; · Defendant/Cross-Claimant Orange County Department of Education's ("OCDE") Motion for Summary Judgment; and · Defendant California Department of Education's ("CDE") Motion for Summary Judgment. All parties appeared through counsel, as reflected by the record. The Court, having reviewed the Motions, the Consolidated Oppositions, and Consolidated Replies, and having heard argument and good cause appearing, hereby ENTERS JUDGMENT as follows: 1) 2) Judgment is entered in favor of OCDE and IUSD, in favor of K.G. as The Decision rendered by the administrative law judge following the

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against CDE only, and against CDE; November 30, 2009 hearing of the Office of Administrative Hearings ("OAH") in Consolidated Case Nos. 2009090943 and 2009100565 is hereby reversed, in part, with respect to its finding that CDE was not responsible for implementing and funding K.G.'s education in an out-of-state residential treatment center ("RTC") following his release from the Orange County Juvenile Hall in October and December 2007 through the present; 3) CDE is the entity entirely responsible for implementing and funding K.G.'s out-of-state RTC placement, consistent with his individual education program and all that it encompasses, for the period of October 26, 2007 through the date that he graduates high school or his twenty-second birthday, whichever occurs first. This obligation includes, but is not limited to, funding K.G.'s tuition and
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LAW OFFICES OF BEST BEST & KRIEGER LLP 5 PARK PLAZA, SUITE 1500 IRVINE, CA 92614

related services for his out-of-state RTC placement at Daystar, as well as any transportation and visitation costs associated with that placement; 4) As of October 26, 2007, OCDE did not have, and OCDE does not now have, any obligation to implement or fund any portion of K.G.'s IEP that placed K.G. in an out-of-state residential treatment facility, including his out-of-state RTC placement at the residential treatment facility at Daystar; 5) CDE is ordered to reimburse OCDE in the amount of $59,185.52 for the educationally-related costs that OCDE has expended for B.P.'s educational program from October 26, 2010 through the present; 6) 7) 8) 9) 10) OCDE and IUSD are prevailing parties for purposes of the underlying K.G. is the prevailing party as against CDE only for purposes of the OCDE, IUSD, and K.G. shall recover their reasonable costs of suit This Court retains jurisdiction over the parties to the extent necessary This Court retains jurisdiction over the parties to the extent necessary administrative action and the instant appeal thereof; underlying administrative action and the instant appeal thereof; herein as against CDE; to allow OCDE to obtain reimbursement from CDE, as described herein; and to allow K.G. to obtain prevailing party attorney's fees from CDE pursuant to the Individuals with Disabilities Education Act for purposes of the underlying administrative action and the instant appeal hereof. Dated: November 30, 2010 By: ________________________________ HON. JAMES V. SELNA UNITED STATES DISTRICT JUDGE

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JUDGMENT CV10-01431 JVS (ANx)