T.A.
Forest Grove School v. T.A.
Opinion
Opinion
GRABER, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FOREST GROVE SCHOOL DISTRICT, No. 05-35641 Plaintiff-Appellee, v. D.C. No.
CV-04-00331-MO
T.A.,
OPINION
Defendant-Appellant. Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding
Argued and Submitted March 11, 2008—Portland, Oregon
Filed April 28, 2008
Before: Pamela Ann Rymer, Susan P. Graber, and Carlos T. Bea, Circuit Judges.
Opinion by Judge Graber; Dissent by Judge Rymer
4537 4540 FOREST GROVE SCHOOL DIST. v. T.A.
COUNSEL
Mary E. Broadhurst, Mary E. Broadhurst, P.C., Eugene, Ore- gon, for the defendant-appellant.
Andrea L. Hungerford and Richard G. Cohn-Lee, The Hungerford Law Firm, LLP, Oregon City, Oregon, for the plaintiff-appellee.
OPINION
GRABER, Circuit Judge:
Defendant T.A., a former student of Plaintiff Forest Grove School District, appeals the district court’s denial of reim- bursement under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1482, for his expenses in attending a private school. We must decide whether a student who never…