C.W. v. Capistrano Unified Sch. Dist.

C.W. was eligible for special education services and was in a special day class within the Capistrano Unified School District. K.S. consented to an occupational therapy assessment for C.W. K.S. then requested an independent assessment at public expense based on her disagreement with the occupational therapy report. The District denied the request and then initiated a due process hearing before an administrative law judge (ALJ). The ALJ concluded that the District’s assessment was appropriate. K.S. appealed, claiming violations of the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), 42 U.S.C. 1983, and Rehabilitation Act. The federal district court affirmed the ALJ’s decision and awarded the District attorney’s fees and costs. The Ninth Circuit affirmed in part and reversed in part, holding (1) the ADA and section 1983 claims were frivolous, and therefore, the district court correctly awarded attorney’s fees and costs for representation relating to those claims; but (2) the IDEA and Rehabilitation Act claims were not frivolous and/or brought for an improper purpose, and therefore, the district court erred in awarding attorney’s fees and costs related to the litigation of those claims. View "C.W. v. Capistrano Unified Sch. Dist." on Justia Law