Richard Kelby, Mabel Kelby, Parents of Richard Robert Kelby Richard Robert Kelby v. Morgan Hill Unified School District

959 F.2d 240 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard KELBY, Mabel Kelby, parents of Richard Robert Kelby; Richard Robert Kelby, Plaintiffs-Appellants, v. MORGAN HILL UNIFIED SCHOOL DISTRICT, Defendant-Appellee. No. 91-15419. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 10, 1992. Decided April 1, 1992. Before WISDOM, * BEEZER and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 The Kelbys appeal the district court's judgment affirming the school district's determination that Richard Kelby was ineligible to receive special education benefits pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485 (1988). We have jurisdiction and we affirm. 3 * In 1988, Richard enrolled in a regular fifth grade class within the Morgan Hill Unified School District. His record there, as in his previous school district, reflects poor grades, behavior problems and inconsistent work habits. 1 The Kelbys found…