CHRISTEN, Circuit Judge:
In this consolidated appeal, S.L., a minor, by and through her guardian, challenges the district court's orders upholding the California Office of Administrative Hearing's ("OAH") partial denial of reimbursement for educational costs pursuant to the Individuals with Disabilities Education Act ("IDEA") (No. 12-55715), and granting in part and denying in part a related motion for attorney's fees (No. 12-56796). We have jurisdiction under 28 U.S.C. § 1291 in appeal No. 12-55715 and reverse the district court's decision, in part. We dismiss appeal No. 12-56796 for lack of jurisdiction.
S.L., who has an intellectual disability under federal law, began attending kindergarten in Upland Unified School District, a member of the West End Special Education Local Plan Area (collectively "the districts"), during the 2002/2003 school year. S.L.'s parents were unhappy with the districts' educational program, withdrew S.L., and placed her in a private, parochial school called Our Lady of Assumption ("OLA"). S.L. remained at OLA at least through the end of fifth grade. While S.L. was at OLA, S.L.'s mother hired two private, one-on-one aides to assist S.L. with her schoolwork. In June 2005, S.L. filed a due process hearing request against Upland, alleging her right to a free appropriate public education ("FAPE") was violated between 2002 and 2006.
On June 21, 2007, S.L.'s mother and Upland settled the due process dispute for the years 2002 to 2006. As part of the agreement, Upland agreed to reimburse S.L. $18,000 for educational expenses, provide
Meanwhile, in April 2007, the districts sent a proposed assessment plan to S.L.'s parents to prepare for S.L.'s 2007 triennial Individual Education Plan ("IEP")
In the four months following the settlement agreement, S.L.'s mother, the districts, and their attorneys had a series of increasingly contentious exchanges regarding: whether the assessment would take place and, if so, when and how long it would take; whether the districts would provide the mother with the manuals for the proposed assessments; and whether the districts could have an attorney present at an in-person meeting held to discuss substantive disputes. During this time, the districts notified S.L.'s mother that, because "it is clear that you do not intend" to adhere to section A(4) of the settlement agreement regarding the assessment, they considered S.L. to have been voluntarily placed in a private school for the 2007/2008 school year.
In December 2007, S.L., by and through her guardian, filed a second due process complaint against the districts, alleging that they denied S.L. a FAPE by failing to hold an IEP meeting at the parents' request to discuss the proposed assessment plan and the length of time needed to conduct the assessment ("Issue One"). The complaint also alleged that the districts failed to conduct the agreed-upon assessments, thereby denying S.L. a FAPE ("Issue Two").
Weighing the districts' failure to abide by the settlement agreement and failure to assess S.L. on the one hand, and the mother's failure to place S.L. at an appropriate school and unreasonable attitude with regard to the duration of the assessments on the other hand, the ALJ ruled that S.L. was entitled to "some reimbursement" for costs incurred during the 2007/2008 school year. The ALJ concluded placement at OLA was not appropriate for S.L., and did
S.L. appealed the ALJ's decision regarding partial reimbursement for the educational costs to the federal district court, which upheld the ALJ's decision in its entirety. Neither the ALJ nor the district court expressly ruled on S.L.'s request for reimbursement for transportation expenses.
Following the district court's decision, and while the appeal of that decision was pending in this court, S.L. moved for attorney's fees and costs, claiming $92,078.35. The district court issued an order on August 27, 2012, granting thirty-eight percent of the fee request, or $34,989.77. S.L. subsequently presented a proposed judgment to the court on September 19, 2012, which the court signed on September 24, 2012. S.L. filed her notice of appeal on October 2, 2012.
We review the appropriateness of a special education placement de novo. C.B. v. Garden Grove Unified Sch. Dist., 635 F.3d 1155, 1159 n. 1 (9th Cir.2011). In so doing, we "give weight to the ALJ's findings." Id. at 1160. We review a district court's factual findings for clear error. Id. at 1159 n. 1.
The first issue we must address is the appropriateness of S.L.'s placement at OLA. Applicable law provides that:
34 C.F.R. § 300.148(c); see also 20 U.S.C. § 1412(a)(10)(C)(ii). OAH found that the districts denied S.L. a FAPE for the 2007/2008 school year when they failed to comply with a previous settlement agreement's assessment requirements. The district court affirmed that decision, and it is not part of this appeal.
The "appropriateness" analysis is more complicated. In evaluating whether a placement is appropriate:
C.B., 635 F.3d at 1159 (emphasis omitted) (quoting Frank G. v. Bd. of Educ., 459 F.3d 356, 365 (2d Cir.2006)).
The districts argue that, although S.L. received educational benefit from her private aides, OLA did not provide S.L.
Additionally, while the placement at OLA was less than perfect, we are mindful that the OAH found the districts denied S.L. a FAPE by failing to complete the agreed-upon assessments that were intended to ensure an appropriate placement for the 2007/2008 school year. The placement chosen by the mother, under these circumstances, was not unreasonable or inappropriate. As such, S.L. should be reimbursed for the cost of tuition, $4,010.00.
Because we find, under the circumstances of this case, that OLA was an appropriate placement, S.L. is also entitled to transportation reimbursement in the amount of $2,693.21, a sum based on "the total mileage driven from [S.L.'s] home to OLA and the IRS mileage rate." The "language and spirit of the IDEA encompass reimbursement for reasonable transportation... expenses ... as [a] related service[]." Union Sch. Dist. v. Smith, 15 F.3d 1519, 1528 (9th Cir.1994). The best evidence available establishes that transportation to and from OLA was "required to assist" S.L. "to benefit from special education," 20 U.S.C. § 1401(26)(A), particularly because there was no clear indication that the privately-funded aides would have been accommodated in the public school.
The district court did not err in partially rejecting reimbursement for the cost of the private aides. The court found that "there is insufficient evidence on the record" to prove S.L.'s claim that $14,490 in fees "were incurred," but ordered reimbursement for $6,999.25, an amount proven by cancelled checks. S.L. argues that the trier of fact can weigh testimony about pay rates and hours worked. That is what the district court did in finding that S.L.'s estimate for additional compensation was "insufficiently proven because it relies on the witness' bare estimations without supporting documentation or even a statement
The districts argue that an equitable reduction in reimbursement on the basis of the mother's conduct was appropriate, but we need not consider this argument because the district court did not reduce the reimbursement amount on that basis. The district court did not mention the mother's behavior or an equitable reduction of reimbursement in its order.
S.L.'s appeal from the order awarding attorney's fees is dismissed as untimely. "In a civil case, ... the notice of appeal... must be filed with the district clerk within 30 days after the entry of judgment or order appealed from." Fed. R.App. P. 4(a)(1)(A). "A judgment or order is entered for purposes of this Rule 4(a) if Federal Rule of Civil Procedure 58(a) does not require a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a)."
The district court issued a written order regarding plaintiff's motion for attorney's fees on August 27, 2012. S.L. filed her notice of appeal thirty-six days later.
S.L. argues that Federal Rule of Civil Procedure 58(d) permits a party to seek entry of judgment in a separate document, and S.L.'s lodging of a proposed judgment on September 19, 2012 constituted such a request. Consequently, S.L. argues that the district court's issuance of the September 25, 2012 judgment "was the final judgment that triggered the timeline" to file the notice of appeal. This argument fails for two reasons.
First, because "a separate document is not required for an order disposing of a motion for attorney's fees under [Federal Rule of Civil Procedure] 54," Fed.R.Civ.P. 58(a)(3), the order entered on August 27, 2012 triggered the thirty-day period for filing an appeal. See Menken v. Emm, 503 F.3d 1050, 1055-56 (9th Cir.2007) (discussing entry of judgments and orders); Perez v. AC Roosevelt Food Corp., 744 F.3d 39, 41-42 (2d Cir.2013) (separate document not required for order disposing of motion for attorney's fees under Rule 54); Feldman v. Olin Corp., 673 F.3d 515, 516-17 (7th Cir.2012) (same). S.L's guardian did not appeal during the 30-day period.
Second, "if, after filing a final disposition, a court files a more formal judgment, the latter does not constitute a second final disposition or extend the appeal period." In re Slimick, 928 F.2d 304, 307 (9th Cir. 1990). Slimick also noted, "[a] disposition is final if it contains a complete act of adjudication, that is, a full adjudication of the issues at bar, and clearly evidences the judge's intention that it be the court's final
For these reasons, we lack jurisdiction to hear the untimely appeal of the district court's order on fees.
Appeal No. 12-55715 is