M.L.

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

M.L., a minor; C.D., his parent;  No. 02-35547 S.L., his parent, D.C. No. Petitioners-Appellants, CV-01-00899-JCC v. ORDER

FEDERAL WAY SCHOOL DISTRICT; AMENDING

WASHINGTON SUPERINTENDENT OF OPINION AND

PUBLIC INSTRUCTION,  DENYING

Respondents-Appellees. PETITION FOR

REHEARING AND

PETITION FOR

REHEARING EN

BANC AND

AMENDED

 OPINION

Appeal from the United States District Court for the Western District of Washington John C. Coughenour, Chief Judge, Presiding

Argued and Submitted August 7, 2003—Seattle, Washington

Filed November 5, 2004 Amended January 14, 2005

Before: Arthur L. Alarcón, Ronald M. Gould, and Richard R. Clifton, Circuit Judges.

Opinion by Judge Alarcón; Concurrence by Judge Gould; Dissent by Judge Clifton 585 588 M.L. v. FEDERAL WAY SCHOOL DISTRICT

COUNSEL

James E. Lobsenz, Carney Badley Spellman, P.S., Seattle, Washington, for the petitioners-appellants.

Christopher L. Hirst, Preston Gates & Ellis LLP,…