Capistrano Unified School District v. Jeremy Wartenberg, by and Through His Parents, Wayne & Charlene Wartenberg, in Their Individual Capacity and on Behalf of Jeremy Wartenberg California Department of Education California Superintendent of Public Instruction, Capistrano Unified School District, Plaintiff-Counter-Defendant-Appellant v. Jeremy Wartenberg, by and Through His Parents, Wayne & Charlene Wartenberg, in Their Individual Capacity and on Behalf of Jeremy Wartenberg California Department of Education California Superintendent of Public Instruction McGeorge School of Law Marguerita Fa-Kaji, and Wayne Wartenberg Charlene Wartenberg, Counter-Defendants-Appellees

59 F.3d 884 101 Ed. Law Rep. 640 , 11 A.D.D. 1050, 95 Cal. Daily Op. Serv. 5136 , 95 Daily Journal D.A.R. 8852 CAPISTRANO UNIFIED SCHOOL DISTRICT, Plaintiff-Appellant, v. Jeremy WARTENBERG, By and Through His Parents, Wayne & Charlene WARTENBERG, in Their Individual Capacity and on Behalf of Jeremy Wartenberg; California Department of Education; California Superintendent of Public Instruction, Defendants-Appellees. CAPISTRANO UNIFIED SCHOOL DISTRICT, Plaintiff-Counter-Defendant-Appellant, v. Jeremy WARTENBERG, By and Through His Parents, Wayne & Charlene WARTENBERG, in Their Individual Capacity and on Behalf of Jeremy Wartenberg; California Department of Education; California Superintendent of Public Instruction; McGeorge School of Law; Marguerita Fa-Kaji, Defendants-Appellees, and Wayne Wartenberg; Charlene Wartenberg, Counter-Defendants-Appellees. Nos. 92-56119, 92-56312. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 2, 1994. Decided July 5, 1995. Jane Slenkovich (argued), and Eliza Walendzik (on the briefs), Law Offices of Jane E. Slenkovich, Saratoga, CA, for plaintiff-appellant. Joan K. Honeycutt, Tustin, CA, for defendants-appellees.…