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United States Ninth Circuit


Ashland Sch. Dist. v. Parents of E.H., 08-35926

In an Individuals with Disabilities Education Act action, the district court's order denying reimbursement to plaintiff-parents for their child's residential treatment is affirmed where: 1) the district court adequately responded to the hearing officer's conclusions before reaching a contrary result; 2) parents' failure to give notice was a relevant consideration when determining whether to deny reimbursement; and 3) the record contained ample evidence supporting the district court's conclusion that the parents placed the child in residential care to treat medical, not educational, problems.

Appellate Information

  • Argued 10/08/2009
  • Decided 12/07/2009
  • Published 12/07/2009

Judges

  • O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and RONALD M. WHYTE, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Mary E. Broadhurst, of Eugene, OR, argued the cause for the defendant-appellant and filed the briefs., Andrea L. Hungerford, of the Hungerford Law Firm, LLP, Oregon City, OR, argued the cause for the plaintiff-appellee and filed the brief.  Nancy J. Hungerford, of the Hungerford Law Firm, LLP, Oregon City, OR, was on the brief.
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