CLOVIS UNIFIED SCHOOL DIST. v. CA. OFFICE OF ADMINISTRATIVE HEARINGS

Nos. 86-2747, 86-2825, 86-2842, 87-1537 and 87-1554.

903 F.2d 635 (1990)

CLOVIS UNIFIED SCHOOL DISTRICT, Plaintiff-Appellant, Cross-Appellee, v. CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS; and Ronald Diedrich, Hearing Officer, Defendants-Appellees, William Honig, California State Superintendent of Public Instruction; and California State Department of Education, Defendants-Appellees, Cross-Appellants. Michelle Shorey, Real Party in Interest-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 7, 1988.

Resubmitted March 12, 1990.

Decided May 3, 1990.


Attorney(s) appearing for the Case

Diana K. Smith, Lozano Smith Smith & Woliver, San Francisco, Cal., for Clovis Unified School Dist., plaintiff-appellant and cross-appellee.

Joyce Eckrem and Michael E. Hersher, California State Dept. of Educ., Sacramento, Cal., for William Honig, California State Superintendent of Public Instruction, and the California State Dept. of Educ., defendants-appellees and cross-appellants.

John K. Van de Kamp, Atty. Gen., and Richard M. Frank and Paul Dobson, Supervising Deputy Attys. Gen., Sacramento, Cal., for Michelle Shorey, Real Party in Interest, defendant-appellee and cross-appellant, and for the California Office of Administrative Hearings and Ronald Diedrich, Hearing Officer, defendants-appellees.

Ronald D. Wenkart, Costa Mesa, Cal., for the Anaheim City School Dist., et al., Amicus.

Andrea M. Miller, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, Cal., for the California Ass'n of School Boards, Amicus.

Before SCHROEDER, POOLE and CANBY, Circuit Judges.


PER CURIAM:

INTRODUCTION

Three of the appeals addressed in this opinion are taken from the District Court's decision ordering Clovis Unified School District to pay for the placement of real-party-in-interest Michelle Shorey in King's View Hospital as a residential placement under the Education for All Handicapped Children Act, 20 U.S.C. §§ 1400 et seq. (Education of the Handicapped Act, EHA, the Act). Two of the appeals are taken from the...

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