Facts

E.V.E (Eve) was an eighteen-year-old student with diagnosed generalized anxiety. In the fall of 2019, when she was in the ninth grade, Eve enrolled in Grossmount Unified School District. Eve's diagnosis qualified her for special education services under the Individuals with Disabilities Education Act.

IDEA requires that students receive a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs. The Act mandates the development of an individualized education program for disabled students. IEPs are developed by a team composed of parents, teachers, and experts. When a parent does not consent to part of a proposed IEP that the district determines is necessary to provide a FAPE, a due process hearing is held to resolve the dispute.

As Eve entered high school, her IEP team agreed she should attend Helix Charter, which offered some special education services. Unfortunately, Eve had difficulty attending school due to her anxiety, and her grades declined. After increasing the amount of specialized instruction Eve received did not improve her performance, the IEP team discussed moving Eve from Helix to MERIT Academy, which provided more special education services. During one of the meetings discussing this proposed IEP, the participating general education teacher had to leave, but Eve's mother did not object to continuing. Ultimately, Eve's mother was opposed to placing her at MERIT, and she requested other options.

On October 14, 2021, the school district sent a letter documenting the parental objection to its offer of a FAPE at MERIT. In April 2022, after a due process hearing, an Administrative Law Judge found the proposed IEP was consistent with IDEA, and that the District had worked to address the mother's concerns.

On June 27, 2022, Eve, by and through her mother, filed suit against Grossmount Union High School District.

PLAINTIFF'S CONTENTIONS: The plaintiff contended that the ALJ erred. Specifically, the plaintiff contended that the District predetermined the IEP and preventer the mother from meaningfully participating; that the IEP was procedurally invalid because there was not a general education teacher in the entire team meeting; and that the IEP was not a clear, written offer of a FAPE.

DEFENDANT'S CONTENTIONS: The defendant contended that its offer of placement at MERIT was based on appropriate factors and discussed several times; that Eve's mother had participated in these discussions; and that it discussed other possible options with Eve's mother.

Result

The district court affirmed the findings of the ALJ.