Facts

Minor plaintiff was born with a number of severe disabilities, including deafness, blindness, quadriplegia and epilepsy on March 14, 1996. In May 1999, minor plaintiff, through his mother, requested due process against Berkeley Unified School District, alleging he was denied free appropriate public education. Plaintiffs filed two State Compliance Complaints in September 1999 and April 2002, and in June 2002, the California Dept. of Education issued an order directing compensatory action. In August 2002, plaintiffs filed federal action based on the Department's decision.

Minor plaintiff attended John Muir Elementary, a school within the district, during the 2002-2003 school year, and his mother removed him from the school. In May 2003, plaintiffs and the District entered into a settlement agreement and, that summer, minor plaintiff was placed at Washington Elementary School. During the subsequent school year, 2003-2004, plaintiffs settled another request for due process. In fall 2003, minor plaintiff attended Oxford Elementary School, a school within the district, and his mother again alleged violations of minor's Individual Education Plan (IEP).

On May 27, 2005, an IEP proceeding was held where it was determined that minor plaintiff should be placed in a San Francisco Unified School District program. However, the program did not accept the minor. In June 2005, the District filed a request for due process and plaintiff's mother also filed a request in November. In December, the Office of Administrative Hearings (OAH) held that the District had denied the minor an appropriate free public education and he was entitled to compensatory education services. The cases were held open to determine the nature and extent of compensatory education due.

In March 2006, minor plaintiff filed suit in federal court, which was stayed pending the OAH's final decision. The final decision ordered the District to provide minor plaintiff with compensatory education services.

DEFENDANT'S CONTENTIONS:
The District opposed the OAH's final decision, alleging that the compensatory services were economically excessive and unnecessary. The District also contended that plaintiff's mother prohibited it from analyzing the extent of the minor's brain functioning and failed to cooperate in the IEP process and implementation of an education plan.

Result

The parties reached a settlement for $3,000,000, with $2,510,680 dedicated to minor plaintiff's special needs trust, $256,837 to reimburse plaintiff's mother's attorney fees and costs, and $232,483 to plaintiffs' attorney.