The Solana Beach School District filed a petition seeking review of a decision of the Ninth Circuit finding that the District violated the Individuals with Disabilities Education Act (IDEA) by denying a disabled student a free appropriate public education. The District had proposed a classroom placement split between a special education classroom and a general education classroom, but the special education class was not the least restrictive environment, and the general education class was an inappropriate setting for the student because of its large class size and frequent transitions. The District argued that the IDEA imposes conflicting requirements that can be met only by a two-part plan, and although each part of the plan violated the IDEA for a different reason, the District argued that the plan satisfies the Act if viewed as a whole.
On October 19, 2012, we filed a brief in opposition, arguing that the Court should deny the petition because the Ninth Circuit faithfully applied the applicable standards to the record in the case, and the District’s novel theory was based on errors of both fact and law. On November 26, 2012, the Supreme Court denied certiorari.