Clyde K. And Sheila K., Individually and as Guardians for Ryan K., a Minor v. Puyallup School District, No. 3, Clyde K. Sheila K. v. Puyallup School

Caution
35 F.3d 1396·94 Daily Journal DAR 13010·1994 WL 498356·1994 U.S. App. LEXIS 25144·94 Cal. Daily Op. Serv. 7193
United States Court of Appeals for the Ninth CircuitSeptember 13, 199493-35572, 93-35954California3,414 words

Opinion

Opinion

Kozinski, J.

Under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., parents and school officials must try to reach agreement on the appropriate educational program for a disabled student. We consider what happens when they fail.

I

Ryan K. is a fifteen-year-old student with Tourette’s Syndrome and Attention Deficit Hyperactivity Disorder (ADHD). Prior to the events giving rise to this litigation, Ryan received special education services while enrolled in mainstream schools in the Puyallup School District. Between mid-January and mid-March 1992, Ryan’s behavioral problems at Ballou Junior High School escalated dramatically. He frequently disrupted class by taunting other students with name-calling and profanity, insulting teachers with vulgar comments, directing sexually-explicit remarks at female students, refusing to follow directions, and kicking and hitting classroom furniture. In addition, Ryan was involved in several violent confrontations. On January 27, he received a one-day suspension for punching another student in the face. On February 10, he received a second suspension for pushing another student’s head into a door. Finally, on March 12, Ryan was…

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