Hooks

Hooks v. Clark County School District

Good Law
228 F.3d 1036
United States Court of Appeals for the Ninth CircuitSeptember 21, 2000No. 98-17271California3,644 words

Opinion

Lead Opinion

Goodwin, J.

William and Catherine Hooks appeal the dismissal of their action against Clark County School District and its Superintendent. Their case presents novel issues regarding (1) the interpretation of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (1996) (“IDEA”), and (2) the constitutionality of denying benefits to home-educated children. We hold that, pursuant to the IDEA, States have discretion in determining whether home education constitutes an IDEA-qualifying “private school.” Further, the challenged regulatory scheme does not unconstitutionally offend equal protection principles or infringe on the parents’ liberty interest in guiding their child’s education.

BACKGROUND

Christopher Hooks is a child who receives his education at home from his parents. In August 1996, Christopher was *1038 deemed to be medically eligible for speech therapy services. The Hooks family requested subsidized services, even though there has been no claim that home education is necessary to treat his disability, and even though Christopher was not enrolled in any school within the school district. The school district, in accordance with its policy, opted not to provide the…

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