Ashland School District v. Parents of Student R.J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ASHLAND SCHOOL DISTRICT,  No. 08-35937 Plaintiff-Appellee, v.  D.C. No. 1:07-cv-03012-PA

PARENTS OF STUDENT R.J.,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Oregon Owen M. Panner, District Judge, Presiding

Argued and Submitted October 8, 2009—Portland, Oregon

Filed December 7, 2009

Before: Diarmuid F. O’Scannlain and N. Randy Smith, Circuit Judges, and Ronald M. Whyte,* District Judge.

Opinion by Judge O’Scannlain

*The Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, sitting by designation.

15975 15978 ASHLAND SCHOOL v. PARENTS OF STUDENT R.J.

COUNSEL

Mary E. Broadhurst, of Eugene, Oregon, argued the cause for the defendant-appellant and filed the briefs.

Nancy J. Hungerford, of the Hungerford Law Firm, LLP, Ore- gon City, Oregon, argued the cause for the plaintiff-appellee and filed the brief. Andrea L. Hungerford, of the Hungerford Law Firm, LLP, was also on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the…