Adams ex rel. Adams v. Oregon

195 F.3d 1141
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 29, 1999
DocketNo. 99-35190
StatusPublished
Cited by6 cases

This text of 195 F.3d 1141 (Adams ex rel. Adams v. Oregon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams ex rel. Adams v. Oregon, 195 F.3d 1141 (9th Cir. 1999).

Opinion

ALDISERT, Circuit Judge:

This appeal by parents of an autistic child being treated by school authorities under the provisions of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (1996) (“IDEA” or “Act”), requires us to decide whether Appellants are entitled to reimbursement of expenses they incurred for professional services they engaged over and above the services funded by the state and the county educational service district. Appellants Dave and LiSandra Adams sought reimbursement for $1230.98 for materials and supplies used in furtherance of their child’s educational program; $3290.85 for expenses incurred in a training program for parents and therapists; $612.50 for educational therapist consultation between March 1996 and April 22, 1996; $1732.50 for consultation between April 22, 1996 and July 22, 1996; and $1500 for consultation between July 29, 1996 and September 16, 1996, for a total claim of $8366.83.

After an administrative hearing before the Oregon Department of Education, the hearing officer ruled that the costs associated with the private training, private employment of educational therapists and materials used for the child’s educational program “beyond that provided by CDC [the Child Development Center] shall not be reimbursed.” E.R. Tab 2; Final Order at 12. The parents then filed suit in the district court for reimbursement. The district court reviewed the case pursuant to cross-motions for judgment based solely on the administrative record and entered judgment in favor of Appellees. This appeal followed.

I.

Appellants enrolled their autistic son, Lucas, in Douglas County’s Early Intervention Services (“EIS”) program, which provides disabled preschool children with publicly funded services that are specifically designed to meet their developmental needs, pursuant to the Individual with Disabilities Education Act and parallel state law. The services to which the Adams agreed required Appellees to provide Lucas with 12.5 hours per week of home services by a behavioral consultant or associate, along with the continuation of speech therapy and other already on-going services. After consenting to the 12.5 hour per week plan, the Adams requested that the services be extended to 40 hours per week and exclusively employ discrete trial therapy methods, a more progressive technique for the development of autistic children. Appellees refused and, thereafter, the Adams supplemented the publicly funded services with private tutoring at their own expense. During the summer months, Appellees reduced Lucas’s services to 7.5 hours per week in order to accommodate the staffs vacation plans.

The Adams contend that Appellees failed to provide adequate early intervention services to their autistic son and seek reimbursement for costs they incurred privately tutoring him. The district court concluded that the services provided by Appellees were sufficient, albeit not the best, under IDEA and state law and granted Appellee’s cross-motion for judgment on the administrative record. We affirm in part, reverse in part and remand with regard to the $1500 the Adams incurred [1145]*1145between July 26, 1996 and September 16, 1996.

The district court had jurisdiction pursuant to 20 U.S.C. § 1415(e)(2) and 28 U.S.C. § 1331. We have jurisdiction under 28 U.S.C. § 1291. The appeals were timely filed. Rule 4(a), Federal Rules of Appellate Procedure.

The issue on appeal is whether the early intervention services provided to Lucas, consisting of 12.5 hours per week initially and 7.5 hours per week during the summer, were adequate in light of Lucas’ unique developmental needs. The Adams contend that the early intervention services that Appellees provided and funded for their son were insufficient to meet his unique needs, because the hours and quality of CDC’s development services were not adequate to confer Lucas with a meaningful benefit.

We review the district court’s factual determinations for clear error. Capistrano Unified Sch. Dist. v. Wartenberg, 59 F.3d 884, 891 (9th Cir.1995). However, we review de novo the ultimate determination of the appropriateness of the education program. Id.

We give due weight to the hearing officer’s administrative proceedings and do not substitute our opinions of sound educational policy for those of the school authorities which we are reviewing. Hendrick Hudson Dist. Bd. of Educ. v. Rowley, 458 U.S. 176, 206, 102 S.Ct. 3034, 73 L.Ed.2d 690 (1982); Gregory K. v. Longview Sch. Dist., 811 F.2d 1307, 1311 (9th Cir.1987). “How much deference to give state educational agencies, however, is a matter for the discretion of the courts.” Ojai Unified Sch. Dist. v. Jackson, 4 F.3d 1467, 1472 (9th Cir.1993).

In determining the degree of deference owed to the administrative findings, “[this] court, in recognition of the expertise of the administrative agency, must consider the findings carefully and endeavor to respond to the hearing officer’s resolution of each material issue. After such consideration, [this] court is free to accept or reject the findings in part or in whole.” Gregory K, 811 F.2d at 1311. Nevertheless, the amount' of deference bestowed upon the hearing officer is increased where her findings are “thorough and complete.” Union Sch. Dist. v. Smith, 15 F.3d 1519, 1524 (9th Cir.1994).

II.

Lucas Adams was born on September 14, 1993, and was diagnosed with autism in December 1995. In February 1996, the Douglas. County Educational Service District (“ESD”) determined that Lucas was eligible for early intervention services on account of his autism. At all times relevant to this appeal, Lucas was under the age of three.1

Anne Batzer, the Early Intervention ease manager assigned to Lucas, referred him to Anne Goff for an autism evaluation. Goff is an autism consultant, holds an interdisciplinary degree in psychology/speech and hearing sciences and had worked exclusively since 1990 with autistic children and children suspected of being autistic. E.R. Tab 1; Tr. at 55, 56-57. After three observation sessions with Lucas and interviews with Lucas’ parents, his family consultants and Nancy Levos (Lu- . cas’ speech and language specialist), Goff determined that Lucas exhibited all of the characteristics typically associated with autism: lack of joint attention, inconsistent skills and performance that varied relative [1146]*1146to who asked him to do a task, aggressive behavior, lack of persistence and low frustration tolerance, among others. E.R. Tab 2; Final Order at 3 (Hearing Officer’s Final Order). Consequently, Goff recommended that Lucas receive services related to language development, an imitation program and the use of visual or concrete cues to facilitate language acquisition. Id.

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Adams v. State Of Oregon
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195 F.3d 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-ex-rel-adams-v-oregon-ca9-1999.