United States Ninth Circuit

In an action brought by parents and their child claiming a school district violated the Individuals with Disabilities Education Act (IDEA) by refusing to provide the child with special education services, denial of relief for plaintiffs is affirmed where the district court did not clearly err in determining that: 1) the child was not legally entitled to special education based on a "specific learning disability"; and 2) she was not legally entitled to special education based on an "other health impairment," in the form of a seizure disorder or attention deficit disorder. (Amended opinion)

Appellate Information

• Argued 11/17/2006
• Decided 04/09/2007
• Published 05/11/2007

Judges

• KENNEDY, Senior Circuit Judge., Before:  CORNELIA G. KENNEDY,CYNTHIA HOLCOMB HALL, and MICHAEL DALY HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric B. Freedus (briefed and argued), Frank and Freedus, A P.C., San Diego, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Paul V. Carelli (briefed) and Jack M. Sleeth, Jr. (argued), Stutz, Artiano, Shinoff & Holtz, A P.C., San Diego, CA, for the defendant-appellee.