Struble v. Fallbrook Union High School District
Filing 53
ORDER Adopting 44 Report and Recommendations as Modified: The District's counterclaim is dismissed with prejudice in its entirety. The plaintiff's complaint is stayed and remanded to the CA Office of Administrative Hearing, Special Educa tion Division for a final determination by a hearing officer as to the following two issues: (A) whether the 2/7/08 IEP placement was appropriate under the IDEA and, if not, (B) whether the private parental placement at Fusion was appropriate under t he Act. The Court finds the Plaintiff was the prevailing party in the ALJ hearing. The Court also finds the Plaintiff has waived her right to appeal the ALJ's decision that the Defendant prevailed on twelve specific issues which the Plaintiff did not appeal. Signed by Judge Larry Alan Burns on 1/27/11.(lmt)(certified copy to OAH)
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