Facts

Minor S.P., by and through her Guardian Ad Litem, Nefali Palacios, sued the East Whittier City School District, for allegedly failing to provide her with a free and appropriate public education pursuant to the Individual with Disabilities Education act.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a student who chose not to attend defendant's school. In February 2015, she requested independent educational evaluations. Defendant, in response, filed a complaint with the Office of Administrative Hearings to determine if its own assessments were appropriate and sought to avoid using public funds to pay for the IEEs. Plaintiff, in turn, filed a complaint with the OAH, seeking a determination that defendant violated her rights under IDEA. Defendant allegedly failed to identify plaintiff as a special needs student for the deaf or hearing impaired category, provide her with IEEs, or appropriate special education and services, thereby depriving her of FAPE. However, the OAH decided against plaintiff, prompting this appeal, alleging a cause of action for violation of the IDEA. Plaintiff claimed that the OAH's decision was wrong.

DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff was found eligible for special education and related services for speech and language impairment due to hearing loss but that plaintiff was ineligible for such services under the category of deaf or hearing impaired. Overall, defendant denied denying plaintiff of a FAPE and asserted its assessments were appropriate.

Result

The court upheld ALJ Sabrina Kong's decision favoring the School District and, accordingly, dismissed the action.