Poolaw v. Bishop

67 F.3d 830 104 Ed. Law Rep. 48 , 12 A.D.D. 689, 95 Cal. Daily Op. Serv. 7771 , 95 Daily Journal D.A.R. 13 ,329 Lionel POOLAW, and Daphne Poolaw, as next friends of Lionel B. Poolaw III, Minor Child, Plaintiff-Appellant, v. Diane BISHOP, Superintendent of Public Instruction; Arizona Department of Education, Parker United School District No. 27; and Parker Unified School District, Defendants-Appellees. No. 94-15324. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1995. Decided Oct. 4, 1995. Randolph H. Barnhouse, Native American Protection and Advocacy Project, Window Rock, Arizona, for plaintiff-appellant. Eva K. Bacal, Assistant Attorney General, Phoenix, Arizona, and Richard M. Yetwin, DeConcini, McDonald, Brammer, Yetwin & Lacy, Tucson, Arizona, for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before HUG, FARRIS, and POOLE, Circuit Judges. OPINION HUG, Circuit Judge: 1 The issue presented in this case is whether the district court erred in finding that Lionel B. Poolaw III, a profoundly deaf Native American child, could not receive an appropriate education in a mainstream school environment. The…