EM ex rel. EM v. Pajaro Valley Unified School District Office of Administrative Hearings

EM (plaintiff) was an elementary-school student in the Pajaro Valley Unified School District (district) (defendant). EM performed poorly in the third and fourth grades, and his school designated that he was at risk of being held back. EM’s parents took EM to a psychologist who administered intelligence tests and diagnosed EM with a learning disability. EM’s family then requested that the district assess EM’s eligibility for special-education services. The district’s psychologist also administered intelligence tests. The district denied EM as eligible for special-education services first after the evaluation and twice more after subsequent reevaluations. Later, EM’s parents took EM to a doctor who diagnosed EM with an auditory-processing disorder. EM’s parents disagreed with the district’s repeated assessment that EM did not qualify for special-education services and filed for administrative review. An administrative-law judge (ALJ) upheld the district’s determination, and EM’s family sought judicial review of the ALJ’s decision in district court. After the ALJ issued his decision and before the matter was heard in district court, EM’s family obtained a report from another psychologist who evaluated EM and reviewed EM’s records. The psychologist issued a report saying that EM qualified for special-education services under the Individuals with Disabilities Education Act (IDEA) and that the district should have found EM eligible based on prior assessments. The district judge refused to admit the psychologist’s report into the record, finding it unnecessary “to evaluate the ALJ’s determination.” The district court affirmed the ALJ’s decision, and EM’s family appealed.