Earlier this month, COPAA submitted an amicus brief to the U.S. Court of Appeals for the Ninth Circuit in support of the family of a child with a disability, urging the court to reverse the decision of the U.S. District Court for the Southern District of California in L.B. v. San Diego Unified School District. You can read the amicus brief here.

In this case, the child’s parents exercised their right under the Individuals with Disabilities Education Act (IDEA) and provided notice to the school district of a unilateral private placement. Following the family’s request for and participation in an IEP meeting, the district declined to offer a new Individualized Education Program (IEP) and instead informed the family that the student’s old IEP offer could go into effect if he were re-enrolled in the school district. The federal district court ruled in favor of the district, erroneously holding that parents, in effect, had to use “magic words” and explicitly request an IEP document to trigger their right to private school tuition reimbursement.

COPAA emphasized in its brief that the IDEA requires public school districts to collaborate with families and prepare IEPs for students attending private schools when those families request IEP meetings to discuss their children’s educational needs. The process of planning for free appropriate public education via an IEP for a child with a disability is at the heart of the IDEA.

COPAA Legal Director Selene Almazan and board members Ellen Saideman and Alexis Casillas wrote the amicus brief. Meagan Nunez represents the family.