MT. VIEW-LOS ALTOS U. HIGH SCH. v. SHARRON B.H.

No. 82-4172.

709 F.2d 28 (1983)

MOUNTAIN VIEW-LOS ALTOS UNION HIGH SCHOOL DISTRICT and Santa Clara County Superintendent of Schools, Plaintiffs-Appellees, v. SHARRON B.H., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1983.


Attorney(s) appearing for the Case

Jane E. Slenkovich, Cupertino, Cal., for plaintiffs-appellees.

Peter Sandman, San Francisco, Cal., for defendant-appellant.

Before TRASK, KENNEDY and POOLE, Circuit Judges.


KENNEDY, Circuit Judge:

The issue on appeal is whether a parent unilaterally may decide to transfer her handicapped child to a private school and then seek tuition reimbursement from the public school district under the federal Education for All Handicapped Children Act, Pub.L. No. 94-142 (codified at 20 U.S.C. § 1401, et seq.) (hereafter EAHCA). We find that EAHCA does not permit such an action, though arguably an exception exists in extreme circumstances...

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