Hubert

The Newport-Mesa Unified School District appeals from a judgment denying declaratory relief. The case involves the extent of the district’s responsibility to pay for the private education of Dr. and Mrs. Hubert’s son, Bernt, under the federal Education for All Handicapped Children Act of 1975 ( 20 U.S.C. § 1401 et seq.). We reverse.

Statutory Scheme

The Education for All Handicapped Children Act of 1975 (EAHCA) expanded an existing program providing federal grants to states for the education of handicapped children. The stated purpose of the legislation is “to assure that all handicapped children have available to them ... a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of handicapped children and their parents or guardians are protected, to assist States and localities to provide for the education of all handicapped children, and to assess and assure the effectiveness of efforts to educate handicapped children.” ( Pub. L. No. 94-142, § 3 (a); 89 Stat. 775 .)

To receive federal funds under the EAHCA, a state must fulfill a number of eligibility requirements. Two…