Everett

Everett v. Santa Barbara High School District

Good Law
28 F. App'x 683
United States Court of Appeals for the Ninth CircuitJanuary 11, 2002Nos. 00-55647, 00-56338; D.C. No. CV 97-7225 CASCalifornia821 words

Opinion

Lead Opinion

MEMORANDUM *

Santa Barbara High School District and the Board of Education of Santa Barbara High School District (collectively, “Santa Barbara”) appeal the District Court’s decision granting Plaintiffs compensatory education and reimbursement of various expenses. We review the District Court’s factual determinations for clear error and the ultimate special education placement de novo. See, e.g., Seattle Sch. Dist., No.1 v. B.S., 82 F.3d 1493 , 1499 (9th Cir.1996). We affirm.

We agree with the District Court’s finding that Santa Barbara failed to comply with the Individuals with Disabilities in Education Act (“IDEA”), 20 U.S.C. § 1400 et. seq., during the 1995-96 school year. 1 The IDEA requires that children who are eligible for special education services be educated in the least restrictive environment possible. 20 U.S.C. § 1412 (a)(5)(A). *685 Santa Barbara failed to meet this requirement when it placed Robert in the C.T.E. class-a class for seriously emotionally disturbed students. Robert is not seriously emotionally disturbed, and no one has ever contended otherwise. Thus, Robert’s placement in the C.T.E. class violated § 1412(a)(5)(A).

We also agree with the finding that…

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