United States Ninth Circuit
L.M. v. Capistrano Unified Sch. Dist., 07-55469, 07-55585, 07-55758, 07-56373
In an action brought under the Individuals with Disabilities Education Act, an order requiring school district to reimburse parents for the cost of in-home services for their autistic child and an award of attorney's fees are reversed in part and vacated in part where: 1) the district court failed to consider whether the school district's policy of limiting parents' classroom observational opportunities to twenty minutes was harmless because parents nevertheless had a full opportunity to participate in the process to fashion an appropriate educational plan for their child with help from an informed and knowledgeable expert; and 2) there was no evidence to support a finding that parents' right to participate was "significantly affected".
Appellate Information
- Argued 06/03/2008
- Decided 08/19/2008
- Published 08/19/2008
Judges
- TALLMAN, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- S. Daniel Harbottle, Rutan & Tucker, LLP, Costa Mesa, CA, for the defendant-appellant/appellee., Bruce E. Bothwell, Law Office of Bruce E. Bothwell, Long Beach, CA, for the plaintiff-appellee/appellant.