Wyner ex rel. Wyner v. Manhattan Beach Unified School District

Good Law
223 F.3d 1026
United States Court of Appeals for the Ninth CircuitSeptember 8, 2000No. 98-56853California1,376 words

Opinion

Lead Opinion

Hug, J.

We must determine in this case the jurisdiction of the California Special Education Hearing Office (SEHO) to hear issues concerning compliance with a final order it had entered. Jonathan Wyner is a special education student within Manhattan Beach Unified School District (School District). Jonathan Wyner and his parents Steven Marcus Wyner and Nancy Marie Wyner appeal the district court’s summary judgment in favor of the School District in this action under the Individuals with Disabilities Education Act (IDEA). The Wyners challenge a final administrative decision of SEHO that found it lacked jurisdiction to hold a due process hearing to decide whether the School District violated a prior settlement agreement. The precise issue in this case is whether SEHO had jurisdiction to hear issues regarding compliance with a prior order directing compliance with a settlement agreement.

The district court had subject matter jurisdiction under 28 U.S.C. § 1331 and 20 U.S.C. § 1415 (e)(2), (e)(4) because this case arose under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and AFFIRM.

I

On April 18, 1995 Jonathan Wyner…

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