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TRI-COUNTY SPECIAL ED. v. TUOLUMNE COUNTY

No. F043143.

19 Cal.Rptr.3d 884 (2004)

123 Cal.App.4th 563

TRI-COUNTY SPECIAL EDUCATION LOCAL PLAN AREA et al., Plaintiffs and Appellants, v. COUNTY OF TUOLUMNE et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

October 26, 2004.

Attorney(s) appearing for the Case

Gregory A. Wedner, San Rafael, Elaine M. Yama, Fresno, and Lozano Smith for Plaintiffs and Appellants.

Marko H. Fong for Sonoma County Office of Education as amicus curiae on behalf of Plaintiffs and Appellants.

Shupe and Finkelstein and Diane E. Finkelstein, San Mateo, for California School Board Association Alliance as amicus curiae on behalf of Plaintiffs and Appellants.

Protection & Advocacy, Inc., Stephen A. Rosenbaum, Sherri L. Rita, Dale Mentink, Sacramento; Youth and Education Law Clinic and William S. Koski for United Advocates for Children as amicus curiae on behalf of Plaintiffs and Appellants.

Paul Griebel and Walter J. de Lorrell III, Deputy County Counsel, for Defendants and Respondents.

Jennifer B. Henning for The California State Association of Counties as amicus curiae on behalf of Defendants and Respondents.

Livingston & Mattesich Law Corporation and Karen L. Turner, Sacramento, for California Mental Health Directors Association as amicus curiae on behalf of Defendants and Respondents.

OPINION

VARTABEDIAN, Acting P.J.

This is an appeal from judgment entered after the trial court sustained respondents' demurrer to appellants' complaint; the court denied appellants leave to amend. The case involves the duty to provide mental health services to handicapped students; the appeal involves somewhat novel questions of exhaustion of administrative remedies in the context of disputes between...

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