Lbusd

FILED

UNITED STATES COURT OF APPEALS AUG 23 2012

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

H. W. et al., No. 11-55595

Plaintiffs - Appellants, D.C. No. 2:10-cv-07015-SJO-E Central District of California, v. Los Angeles

LONG BEACH UNIFIED SCHOOL

DISTRICT, ORDER

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding

Argued and Submitted August 7, 2012 Pasadena, California

Before: REINHARDT, SILVERMAN, and WARDLAW, Circuit Judges.

We remand this case to the district court in light of Payne v. Peninsula

School District, 653 F.3d 863 (9th Cir. 2011), a decision issued after the district

court entered its order. We held in Payne that the Individuals with Disabilities

Education Act’s exhaustion requirement, 20 U.S.C. § 1415(l), is not jurisdictional

and set forth a new relief-based approach, as opposed to an injury-based approach,

for determining whether a claim is subject to…