IDEA Court Case - C.B. v. Garden Grove - Upholding Parents Right to Reimbursement for Private School Placement
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the Ninth Circuit Court affirmed the United States District Court for the Central District of California's decision in CB v. Garden Grove Unified School District (2009). This case (hereinafter "Garden Grove") addresses the issue of parent reimbursement for placement of a special education student at a non-public agency. The affirmation solidified further the rights of parents to be repaid when a public school district does not offer a Free and Appropriate Public Education (FAPE). It is yet to be seen whether this decision will be appealed to the United States Supreme Court, but for now, Garden Grove stands for/reconfirms the following propositions: 1) If a District fails to provide FAPE, full reimbursement may be sought by the parents. 2) Such reimbursement may be sought even if the parents place a student with a non-public agency, rather than a non-public school. 3) Th...