Orange County Department of Education et al v. A.S., a minor, et al

Filing 108

JUDGMENT by Judge James V. Selna. JS-6 (ade)

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KAREN VAN DIJK, Bar No. 205460 [e-mail] BEST BEST & KRIEGER LLP 5 Park Plaza, Suite 1500 Irvine, California 92614 Telephone: [phone] Telecopier: [phone] Attorneys for Petitioner/Plaintiff ORANGE COUNTY DEPARTMENT OF EDUCATION

JS-6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ORANGE COUNTY DEPARTMENT OF EDUCATION, Petitioner/Plaintiff, v. A.S., a minor, CALIFORNIA DEPARTMENT OF EDUCATION, LOS ANGELES UNIFIED SCHOOL DISTRICT, CHARTER OAK UNIFIED SCHOOL DISTRICT, CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS, and DOES 1 through 10, inclusive, Respondents/Defendants. Case No. SACV 08-00077 JVS (MLGx) JUDGMENT The Honorable James V. Selna, United States District Judge

JUDGMENT SACV 08-00077 JVS (MLGx)

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This action was heard by the Court on June 15, 2009, on the following motions: · Plaintiff Orange County Department of Education's ("OCDE") Motion for Summary Judgment. · Defendant California Department of Education's ("CDE") Motion for Summary Judgment, or in the Alternative, for Summary Adjudication. · Defendant Los Angeles Unified School District's ("LAUSD") Motion for Summary Judgment, or in the Alternative, for Summary Adjudication. · Defendant Charter Oak Unified School District's ("COUSD") Motion for Summary Judgment. All parties appeared through counsel, as reflected by the record. The Court issued an order on June 18, 2009 GRANTING OCDE's Motion, DENYING CDE'S Motion, GRANTING LAUSD's Motion, and GRANTING COUSD's Motion. In accordance with the Court's June 18, 2009 Order, the Court hereby ENTERS JUDGMENT as follows: On OCDE's Claims Against A.S. And The Office Of Administrative Hearings: 1) The Decision rendered by the hearing officer at the October 31, 2007 hearing of the Office of Administrative Hearings ("OAH"), in Case No. N2006100050, is hereby reversed. 2) As of June 8, 2006, OCDE did not have, and OCDE does not now have, any obligation to implement or fund any portion of the Individualized Educational Program ("IEP") for the student known in this proceeding as "A.S.," including his out-of-state placement at the residential treatment facility at Cinnamon Hills, Utah.

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JUDGMENT SACV 08-00077 JVS (MLGx)

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3)

CDE is the entity entirely responsible for implementing and funding

A.S.' educational program for the period between July 28, 2006 and April 19, 2009. This responsibility includes the out-of-state placement of A.S. at the residential treatment facility at Cinnamon Hills, Utah. 4) 5) 6) Judgment is entered in favor of OCDE. OCDE is the prevailing party for purposes of the underlying OAH OCDE is the prevailing party for purposes of its claims against A.S.

hearing from which OCDE appeals. and OAH in this Action. On OCDE's Claims Against CDE: 1) 2) Judgment is entered in favor of OCDE and against CDE. As of June 8, 2006 OCDE did not have, and OCDE does not now

have, any obligation to implement or fund any portion of A.S.' educational program, including his out-of-state placement at the residential treatment facility at Cinnamon Hills, Utah. 3) 2009. 4) 5) 6) CDE is the entity entirely responsible for implementing and funding This responsibility includes A.S.' out-of-state placement at the OCDE is the prevailing party for purposes of its claims against CDE in OCDE shall recover its reasonable costs of suit herein as against CDE. OCDE shall recover reimbursement for the all costs it incurred for A.S.' educational program for the period between July 28, 2006 and April 19, residential treatment facility at Cinnamon Hills, Utah. this Action.

funding A.S.' educational program for the period between July 28, 2006 and April 19, 2009. This reimbursement includes A.S.' out-of-state placement at the residential treatment facility at Cinnamon Hills.

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JUDGMENT SACV 08-00077 JVS (MLGx)

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7)

This Court retains jurisdiction over the parties to the extent necessary

to allow OCDE to obtain reimbursement from CDE as described herein. On OCDE's Claims Against LAUSD: 1) 2) Judgment is entered in favor of LAUSD. As of July 28, 2006, LAUSD did not have, and LAUSD does not now

have, any obligation to implement or fund any portion of A.S.' educational program, including his out-of-state placement at the residential treatment facility at Cinnamon Hills, Utah. 3) LAUSD is a prevailing party for purposes of this appeal.

On OCDE's Claims Against COUSD 1) 2) Judgment is entered in favor of COUSD. As of July 28, 2006, COUSD did not have, and COUSD does not now

have, any obligation to implement or fund any portion of A.S.' educational program, including his out-of-state placement at the residential treatment facility at Cinnamon Hills, Utah. 3) COUSD is a prevailing party for purposes of this appeal.

Dated: July 9, 2009 By: ________________________________ HON. JAMES V. SELNA UNITED STATES DISTRICT JUDGE

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JUDGMENT SACV 08-00077 JVS (MLGx)