California Court of Appeal

In a class action brought on behalf of all disabled students in the Los Angeles Unified School District, in which a sub-class of moderately to severely disabled children sought to intervene to challenge a new policy adopted by LAUSD in 2012 as part of a renegotiation of a settlement, which requires the most severely disabled students to go to the same schools as the district’s general, non-disabled student body, the district court's denial of appellants' motion to intervene is reversed where: 1) the district court abused its discretion in denying as untimely appellants’ motion to intervene as of right under Fed. R. Civ. P. 24(a); and 2) th district court further erred when it found intervention unnecessary to protect appellants' interest in ensuring the receipt of public education consistent with their disabilities and federal law.

Appellate Information

• Published 2016/07/27

Judges

• BEA

Court

• California Court of Appeal

Counsel