United States Ninth Circuit

When a school district does not perform exactly as called for by an individualized educational program (IEP), the district does not violate the Individuals with Disabilities Education Act (IDEA) unless it is shown to have materially failed to implement the child's IEP. A material failure occurs when there is more than a minor discrepancy between the services provided to a disabled child and those required by the IEP. (Amended opinion)

Appellate Information

• Argued 11/14/2006
• Decided 09/06/2007
• Published 09/06/2007

Judges

• FISHER, Circuit Judge:, Before: FERGUSON, O'SCANNLAIN and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Pamela C. Van Duyn (argued), Baker City, OR, and Damien R. Yervasi, Baker City, OR, for the plaintiff-appellant.


• For Appellees:
  
• Richard Cohn-Lee (argued) and Nancy J. Hungerford, The Hungerford Law Firm, Oregon City, OR, for the defendant-appellee.