L.S. v. Edu-Hi ( 2017 )


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  •                                                                           FILED
    NOT FOR PUBLICATION
    JUN 27 2017
    UNITED STATES COURT OF APPEALS                    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    L. A. S., individually and on behalf of her      No.   14-17443
    minor child, S.A.S.,
    D.C. Nos.
    Plaintiff-Appellant,              1:14-cv-00071-SOM-BMK
    1:12-cv-00213-SOM-BMK
    v.
    DEPARTMENT OF EDUCATION, State                   MEMORANDUM*
    of Hawaii, Department of Education;
    KATHRYN MATAYOSHI, in her official
    capacity as Superintendent of the Hawaii
    Public Schools,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the District of Hawaii
    Susan Oki Mollway, District Judge, Presiding
    Argued and Submitted June 14, 2017
    Honolulu, Hawaii
    Before: FISHER, PAEZ and NGUYEN, Circuit Judges.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    L.A.S., individually and on behalf of her minor child, S.A.S., brought this
    appeal involving the Individuals with Disabilities Education Act (IDEA). We have
    jurisdiction under 
    28 U.S.C. § 1291
    , and we affirm.
    1. The district court did not err in reversing the administrative hearing
    officer’s (AHO) first determination, because L.A.S.’s administrative complaint did
    not plead the issue the AHO decided. See Van Duyn ex rel. Van Duyn v. Baker
    Sch. Dist. 5J, 
    502 F.3d 811
    , 817 (9th Cir. 2007) (reviewing a district court’s legal
    conclusions de novo). Plaintiff has not cited any authority preventing the district
    court from limiting the scope of the proceedings to those issues raised in the
    administrative complaint and argued by a plaintiff. See K.D. ex rel. C.L. v. Dep’t
    of Educ., Haw., 
    665 F.3d 1110
    , 1117 (9th Cir. 2011) (explaining that the party
    challenging the district court’s holding bears the burden of proof on appeal); see
    also Cty. of San Diego v. Calif. Special Educ. Hearing Office, 
    93 F.3d 1458
    , 1465
    (9th Cir. 1996) (holding the scope of the administrative hearing is limited to the
    administrative complaint raised to obtain the hearing).
    2. The district court also did not err in affirming the AHO’s second
    determination finding no predetermination by the Hawaii Department of Education
    (DOE). See K.D., 
    665 F.3d at 1123
     (holding a school district violates the IDEA if
    it predetermines a student’s placement before the individualized education plan is
    2
    developed). Plaintiff has not shown the DOE was unwilling to consider locating
    S.A.S. in private school. See 
    id.
     (considering the DOE’s actions and intent in a
    predetermination inquiry). Further, Plaintiff has not cited to any authority
    supporting her argument that the inquiry turns on her interpretation of the letter
    rather than the DOE’s intent. See 
    id. at 1117
     (explaining that the party challenging
    the district court’s holding bears the burden of proof on appeal). The March 2011
    letter is somewhat troubling but, on its own, is insufficient to carry Plaintiff’s
    burden.
    AFFIRMED.
    3
    

Document Info

Docket Number: 14-17443

Filed Date: 6/27/2017

Precedential Status: Non-Precedential

Modified Date: 4/17/2021