Chatsworth, CA
Education Lawyer at Chatsworth, CA
Practice Areas: Education, Civil Rights ... +2 more
OUTCOME: Affirmed the Favorable Administrative Decision Below
Sucessfully defended appeal of OAH special education decision on behalf of LBUSD on the grounds that all claims were time barred by the two-year statute of limitations. Please see complete decisio ... n here: https://www.dropbox.com/s/2e107ccv34hl306/Moyer%20Lexis%20Decision.docx
OUTCOME: Obtained order of dismissal in federal district court.
Several former charter school students sued their school district seeking damages in connection with their non-renrollment following the closure of the charter school. Student plaintiffs proceeded dir ... ectly to federal court invoking the Christopher S. exception to the IDEA's exhaustion requirements. A copy of the Westlaw publication of this decision is located here: https://www.dropbox.com/s/3xtornsqrtk5fcz/Otero%20Order%20of%20Dismissal%20-%202011_WL_714392_3-3-11_1809.doc
OUTCOME: Juvenile court granted the petition, and records used to defend due process action of the juvenile.
Petition of school district to juvenile court, pursuant to Section 827 of the Welfare and Institutions Code, to obtain copies of and to disclose juvenile court records to the Office of Administrative H ... earings to defend special education due process matter of juvenile.
OUTCOME: Obtained order of dismissal in federal district court.
IDEA federal Court case. Case concerned the "Christopher S." exemption to the IDEA's exhaustion requirement. Student utilized state complaint resolution procedures instead of due process procedures. ... The court's order granting my client's motion to dismiss is located here: https://www.dropbox.com/s/wow4uykp43zklg4/44-Court%27s%20Minute%20Order%20Granting%20Reconsideration%20and%20Dismissal%20-%207.12.10.pdf
OUTCOME: Demurrer and motions to strike granted as to the initial, first amended, and second amended complaint. Case ultimately ordered dismissed with prejudice.
Demurred and moved to strike complaint, FAC, and SAC.
OUTCOME: Prevailed - The ALJ found in favor of my school district client on all issues, and identified my client as the prevailing party on all issues heard and decided
A Seven-day due process hearing concerning the appropriateness of four (4) IEP offers and numerous district assessments. The case involved a range of issues, but centered on an LRE dispute as to wheth ... er the district’s Autism SDC placement offer was appropriate, or whether the student required the parent-preferred in-home placement. Prevailed at a special education due process hearing. The decision found in favor of the school district on all issues, and that the school district was the prevailing party on all issues heard and decided.
OUTCOME: Prevailed in district court at trial. Judgment entered in favor of school district.
Action for judicial review in federal court of administrative special education IDEA decision. Adjudicated on the merits by way of a trial on the administrative record.
OUTCOME: Prevailed in district court at trial. Judgment entered in favor of school district.
Action for judicial review in federal court of administrative special education IDEA decision. Adjudicated on the merits by way of a trial on the administrative record.
OUTCOME: Prevailed in district court.
Plaintiff student-initiated action for judicial review in federal court of administrative decision adverse to the student below.
OUTCOME: Obtained finding that school district client was not the responsible public agency for the pupil's education.
Special education due process matter where student was in the custody of the department of juvenile justice and maintained that a court-ordered re-designation of his Responsible Adult to that of a surr ... ogate parent made our school district client responsible for providing him with a FAPE solely because the student’s biological mother resided within that school district.
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