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CAPISTRANO UNIFIED SCH. DIST. v. WARTENBERG

Nos. 92-56119, 92-56312.

59 F.3d 884 (1995)

CAPISTRANO UNIFIED SCHOOL DISTRICT, Plaintiff-Appellant, v. Jeremy WARTENBERG, By and Through His Parents, Wayne & Charlene WARTENBERG, in Their Individual Capacity and on Behalf of Jeremy Wartenberg; California Department of Education; California Superintendent of Public Instruction, Defendants-Appellees. CAPISTRANO UNIFIED SCHOOL DISTRICT, Plaintiff-Counter-Defendant-Appellant, v. Jeremy WARTENBERG, By and Through His Parents, Wayne & Charlene WARTENBERG, in Their Individual Capacity and on Behalf of Jeremy Wartenberg; California Department of Education; California Superintendent of Public Instruction; McGeorge School of Law; Marguerita Fa-Kaji, Defendants-Appellees, and Wayne Wartenberg; Charlene Wartenberg, Counter-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Jane Slenkovich (argued), and Eliza Walendzik (on the briefs), Law Offices of Jane E. Slenkovich, Saratoga, CA, for plaintiff-appellant.

Joan K. Honeycutt, Tustin, CA, for defendants-appellees.

Before BROWNING, FERGUSON and KLEINFELD, Circuit Judges.

Opinion by Judge KLEINFELD; Dissent by Judge FERGUSON.

KLEINFELD, Circuit Judge:

This case requires us to determine how a district court is supposed to review the decision of a hearing officer under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and whether the services the school district offered in this case satisfy the Act's requirement that each child be afforded a "free appropriate public education." 20 U.S.C. § 1401...

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