Appendix A: 1995 U.S. Dept. of Education Letter to Copenhaver (Page 2 of 2)
S.A.
v.
Tulare County Office of Education
United States District Court, E.D. California
CASE NO. CV F 08-1215 LJO GSA. (E.D. Cal. Sep. 24, 2009)
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT (Docs. 59, 60)
LAWRENCE O'NEILL, Magistrate Judge
INTRODUCTION
*1 Defendant California Department of Education ("DOE") and plaintiff S.A. ("Student") filed cross-motions for summary judgment on Student's claim that defendant Tulare County Office of Education ("TCOE") failed to produce educational records properly and California DOE erroneously ruled that TCOE properly produced the records. In addition, TCOE objected to Student's attorneys' fees request. The parties' motions pose the following questions of law: (1) Are emails "education records" and, if so, in what form must a public school produce emails to comply with the procedural safeguards of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1232g(a)(4)(A) and 34 C.F.R. § 300.613?; and (2) Is Student entitled to an award of attorney's fees and, if so, in what amount? Having considered the parties arguments, this Court rules in favor of California DOE and against Student to find that California DOE correctly concluded that emails that were not maintained in Student's permanent file by TCOE were not "education records" within the meaning of the IDEA. The Court further finds that Student is entitled to a partial award of attorneys' fees for Student's limited successful representation in the compliance complaint, and awards Student $2,791.27 in attorneys' fees and costs.
UNDISPUTED FACTS
Student is a 10-year-old boy who is eligible for, and has received, special education services due to his autism and speech and language delay. Student and his parents live within the Exeter Union Elementary School District, which is a part of the Tulare County Special Education Local Plan Area. TCOE acts as the administrative head of the Special Education Local Plan Area.
Student's Request for Records
On July 10, 2007, Student sent a letter to TCOE requesting "a copy of any and all electronic mail sent or received by the Department concerning or personally identifying" Student. Administrative Record ("AR") at 90.1 TCOE responded to Student on July 17, 2007, indicating that it received Student's request and was "currently in the process of checking all emails with a variety of staff members, some of whom are on vacation." AR at 92. TCOE indicated that it would provide the requested information by July 27, 2007, and notified Student that he would be charged 5 cents per
BP 2003 – Student Records
Page 15
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 04/14)
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