B.S.

Seattle School District, No. 1 v. B.S.

Good Law
82 F.3d 1493
United States Court of Appeals for the Ninth CircuitMay 10, 1996No. 94-36153California4,074 words

Opinion

Lead Opinion

Fletcher, J.

This case involves a dispute over the appropriate educational placement of a disabled child, AS., under the Individuals with Disabilities and Education Act (“IDEA”), 20 U.S.C. § 1400-1409 . The Seattle School District appeals the decision of the district court affirming the Administrative Law Judge’s decision that the School District violated the procedural requirements of the IDEA and failed to provide AS. a free appropriate public education under the Act. Accordingly, the School District was ordered to reimburse AS.’s parent the cost of an independent evaluation, to pay for AS.’s placement at a residential facility in Montana, and to pay the parent’s attorneys’ fees and costs.

We have jurisdiction, 28 U.S.C. § 1291 , and affirm.

BACKGROUND

A. Procedural History

After A.S. was expelled from school and temporarily hospitalized in a psychiatric facility for severe behavioral and emotional problems, the Seattle School District identified her as emotionally and behaviorally disabled and thereby qualifying for special education and related services under the IDEA The School District did not propose placing AS. in a residential school, contending that mainstreaming in the regular…

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