S. C. v. Lincoln County School District

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

S.C. by her mother and next friend, No. 21-35242

K.G.,

Plaintiff-Appellant, D.C. No. 6:20-cv-02277- v. MC

LINCOLN COUNTY SCHOOL DISTRICT,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the District of Oregon Michael McShane, District Judge, Presiding

Argued and Submitted August 31, 2021 Seattle, Washington

Filed October 18, 2021

Before: A. Wallace Tashima and Ronald M. Gould, Circuit Judges, and Jed S. Rakoff, * District Judge.

Opinion by Judge Rakoff

* The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. SUMMARY **

Individuals with Disabilities Education Act

The panel reversed the district court’s denial of a student’s parent’s request for a “stay put” order under the Individuals with Disabilities Education Act and remanded for entry of a stay put order requiring the student’s placement at an educational center at the expense of the defendant school district.

In due process proceedings, an…