Blanchard
Blanchard v. Morton School District
Opinion
Opinion
Schroeder, J.
ORDER
The Opinion filed on September 20, 2007 [ 504 F.3d 771 ], is amended as follows: on slip Opinion page 12821 [ 504 F.3d at 775 ], remove lines 21 through 34, and insert the following text:
No future petitions for rehearing or petitions for rehearing en banc will be entertained.
OPINION
Plaintiff-Appellant Cheryl Blanchard seeks damages to compensate her for lost income and the emotional distress she experienced during her ultimately successful efforts to obtain benefits for her son under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1482 . When this matter was before us previously, we reversed the district court’s dismissal for failure to exhaust administrative remedies. Blanchard v. Morton Sch. Dist., 420 F.3d 918 (9th Cir.2005) (“Blanchard I”). We held that, because Blanchard sought damages on her own behalf rather than her son’s, no administrative remedies existed. Id. at 921-22 . We expressed no opinion on the merits of her claim. Id. at 922 .
On remand, the district court granted summary judgment for Defendants, holding that Blanchard had no individual rights under the IDEA and that the IDEA’S enforcement scheme did not contemplate the…