Christopher

Christopher v. Amphitheater Unified School District

Good Law
22 F.3d 228
United States Court of Appeals for the Ninth CircuitApril 21, 1994Nos. 92-16296, 16322California2,822 words

Opinion

Lead Opinion

Leavy, J.

Opinion by Judge LEAVY.

In this appeal we are called upon to determine the extent to which a public school district must pay for services related to the education of a handicapped student when those services conflict with an educational program offered by the school district and when the program as offered provides a free appropriate public education. The district court ruled that the school district had no financial responsibility under these circumstances. 797 F.Supp. 753 . We affirm.

FACTS AND PRIOR PROCEEDINGS

Kristy Dreher (“Kristy”) is profoundly hearing impaired. Her parents want her to learn to speak, believing that if she learns sign language she will become dependant on it and never learn to talk. They have, therefore, enrolled her in a private school which forbids the use of sign language, and where she receives training specifically designed to teach her to lip read and to speak.

Because of Kristy’s disability, she qualifies for benefits under the Individuals with Disabilities Education Act (“Act”). 1 Under the Act, the school district in Arizona where she resides must evaluate her and provide her with an Individualized Education Program (“Program”). Amphitheater…

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