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CHRISTOPHER S. v. STANISLAUS COUNTY OFFICE/EDUC.

No. 03-15178.

384 F.3d 1205 (2004)

CHRISTOPHER S., a minor, by and through RITA S., his Guardian Ad Litem; Justin R., a minor, by and through Kathi R., his Guardian Ad Litem; Robert F., a minor, by and through Tracy F., his Guardian Ad Litem, Plaintiffs-Appellants, v. STANISLAUS COUNTY OFFICE OF EDUCATION; Martin G. Petersen, Superintendent of Schools and Executive Secretary to the Board, in his official capacity; Stanislaus County Board of Education; Don Viss, Alex Hedberg, Zella Gharat, James Merriam, and Richard Phillips, Members, Stanislaus County Board of Education, in their official capacities; Jim Norby, Division Administrator, Stanislaus County Office of Education, in his official capacity; Salida Union School District; Antonio Borba, Superintendent, in his official capacity; Ceres Unified School District; Walt Hanline, Superintendent, in his official capacity; Hughson Unified School District; Jim Weaver, Superintendent, in his official capacity; Stanislaus County Special Education Local Plan Area; Patricia Dimond, Director, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2004.

Attorney(s) appearing for the Case

Joyce L. Carrillo, Esq., Varma & Clancy, Sacramento, CA, for the plaintiffs-appellants.

Jeffrey R. Olson, Esq., Modesto, CA, for the defendants-appellees.

Before: TASHIMA and CLIFTON, Circuit Judges, and LEIGHTON, District Judge.

Opinion by Judge TASHIMA; Dissent by Judge CLIFTON.

TASHIMA, Circuit Judge:

Three autistic children (the "Students") who are part of a special education program in Stanislaus County, California, filed an action against the county and local educational authorities ("LEAs") alleging that the policy of providing a shorter school day to autistic students constitutes discrimination in violation of the Americans with Disabilities...

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