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COUNTY OF SAN DIEGO v. CAL. SPECIAL EDUC. HEARING

No. 94-55557.

93 F.3d 1458 (1996)

COUNTY OF SAN DIEGO, Plaintiff-Appellant, v. CALIFORNIA SPECIAL EDUCATION HEARING OFFICE; Grossmont Union High School District, Defendants-Appellees, Rosalind Fox, Counter-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

Ian Fan, Deputy County Counsel, San Diego, California, for plaintiff-appellant.

Barry A. Zolotar, California State Department of Education, Sacramento, California, for defendant-appellee, California Special Education Hearing Office.

Sharon Seay, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Diego, California, for defendant-appellee Grossmont Union High School.

Charles Wolfinger, San Diego, California, for counter-defendant-appellee Rosalind Fox.

Before POOLE and O'SCANNLAIN, Circuit Judges; MARSH, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether, under the Individuals with Disabilities Education Act, a California county is entitled to challenge both the state's classification of a minor as seriously emotionally disturbed and its finding ordering residential treatment for which the county is financially responsible.

I

Enacted by Congress in 1975 as the Education of the Handicapped Act, the Individuals with Disabilities Education Act ("IDEA...

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