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K.B. v. Nebo School District

379 F.3d 966 (2004)

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K.B. v. Nebo School District

United States Court of Appeals for the Tenth Circuit
379 F.3d 966 (2004)

CS

Facts

K.B. was a disabled child who received special-education services from the Nebo School District (the district) (defendant). K.B.’s parents (plaintiffs) believed that K.B. had not been provided with a free appropriate public education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA) and filed an administrative appeal over this issue. Dr. Steven Hirase was the impartial-hearing officer (IHO) who presided over the proceedings. Hirase was the assistant superintendent at a different school district. K.B.’s parents moved to disqualify Hirase, alleging that he was not impartial because Hirase’s wife and the district’s autism expert witness both worked in another school district. However, there was no evidence that Hirase’s wife and the expert witness worked together or even knew each other. Hirase denied K.B.’s parents’ motion and held that the district had provided K.B. with a FAPE. K.B.’s parents filed a complaint in federal district court seeking review of the decision. The district court affirmed Hirase’s decision, concluding that he had not been biased. K.B.’s parents appealed.

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

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Casebooks

Disability Law

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