Regan-Adkins

Regan-Adkins v. San Diego Unified School District

Good Law
37 F. App'x 932
United States Court of Appeals for the Ninth CircuitJune 19, 2002No. 00-56534; D.C. No. CV-99-273-RMBCalifornia1,075 words

Opinion

Lead Opinion

MEMORANDUM **

Appellants Sandra Regan and Glenn Adkins, individually and on behalf of their daughter Jennifer Regan-Adkins, appeal the district court’s order dismissing in part and staying in part their claim under the Individuals with Disabilities Education Act (“IDEA”). We AFFIRM in part, VACATE in part and REMAND for further proceedings.

This Court has jurisdiction to review the district court’s interlocutory order pursuant to 28 U.S.C. § 1292 (a)(1). The district court’s order dismissing Appellants’ claims as moot had the “practical effect” of denying Appellants injunctive relief. Carson v. American Brands, Inc., 450 U.S. 79, 84 , 101 S.Ct. 993 , 67 L.Ed.2d 59 (1981). The court’s order has the potential to cause irreparable harm, and can only be effectually challenged through immediate appeal. See Sherd A.D. v. W.N. Kirby, 975 F.2d 193, 203-04 (5th Cir.1992). We review the district court’s determination that the claims were moot de novo. See Cigna Property and Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 418 (9th Cir.1998).

The district court dismissed as moot Appellants’ appeal of the first Individualized Education Program (“IEP”) without comment. Appellants…

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