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KDM EX REL. WJM v. REEDSPORT SCHOOL DIST.

Nos. 98-35186, 98-35187.

196 F.3d 1046 (1999)

KDM, a minor, by and through WJM, his father and next friend, Plaintiff-Appellant, v. REEDSPORT SCHOOL DISTRICT; Norma Paulus, in her official capacity as Oregon Superintendent of Public Instruction, Defendants-Appellees. KDM, a minor, by and through WJM, his father and next friend, Plaintiff-Appellant-Cross-Appellee, v. Reedsport School District, Defendant, and Norma Paulus, in her official capacity as Oregon Superintendent of Public Instruction, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 1999.

Attorney(s) appearing for the Case

David C. Gibbs, III, Gibbs & Craze, Seminole, Florida, and Harold B. Scoggins, III, Farleigh, Wada & Witt, P.C., Portland, Oregon, for the plaintiffs-appellants/cross-appellees.

Janet A. Metcalf, Assistant Attorney General, Salem, Oregon, for the defendant-cross-appellant/appellee.

Before: KLEINFELD and HAWKINS, Circuit Judges, and SCHWARZER, Senior District Judge.

Opinion by Judge SCHWARZER; Dissent by Judge KLEINFELD.

SCHWARZER, Senior District Judge:

WJM's son, KDM, is a minor who is legally blind and has cerebral palsy. As such, KDM is a "child with disabilities" entitled to special education and related services under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1485 (1994). Oregon provides such services to children enrolled in public schools. The Oregon administrative regulation...

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