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UNION SCHOOL DIST. v. SMITH

Nos. 91-16546, 91-16595.

15 F.3d 1519 (1994)

UNION SCHOOL DISTRICT, Plaintiff-Appellant, v. B. SMITH, defendants 2-7 Under Seal, Defendants-Appellees. UNION SCHOOL DISTRICT, Plaintiff, v. B. SMITH, defendants 2-7 Under Seal, Defendants-Appellees, and California Department of Education, California Superintendent of Public Instruction, Bill Honig, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1994.

Attorney(s) appearing for the Case

Keith L. Slenkovich, Saratoga, California, for plaintiff-appellant Union School District.

Joyce O. Eckrem, Deputy General Counsel, California Department of Education, for State defendants-appellants.

Kathryn E. Dobel, Berkeley, California, for the defendants-appellees.

Before: POOLE, FERGUSON, and FERNANDEZ, Circuit Judges.

FERGUSON, Circuit Judge:

This case concerns the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., which guarantees handicapped children a free appropriate public education. Union School District ("District") appeals the district court's entry of summary judgment awarding reimbursement of expenses to a family who placed their handicapped child, Bernard Smith, in a private counseling facility after the District failed to offer...

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