S. W. and C. W., on Behalf of Their Minor Child, B. W. v. Capistrano Unified School District
DueProcess Privacy JusticiabilityDoctri
1. Does a school district have an affirmative duty
under the IDEA to prepare an annual individualized
education program (IEP) for a child for the upcoming
school year even after the parents unilaterally enroll the
child in private school and seek reimbursement because
the school district failed to provide a free appropriate
public education (FAPE) for their child?
2. Should this Court resolve the confusion among
the Circuits about a school district's affirmative duty
under the IDEA to continue to prepare an annual IEP for
a child even after parents change their child's enrollment
from public to private school in the belief that the school
district's then-current IEP was not providing a FAPE?
Does a school district have an affirmative duty under the IDEA to prepare an annual IEP for a child for the upcoming school year even after the parents unilaterally enroll the child in private school and seek reimbursement because the school district failed to provide a FAPE for their child?