No. 05-35181.

481 F.3d 770 (2007)

James N. VAN DUYN, for his son, Christopher J. VAN DUYN, a minor & incapacitated person, Plaintiff-Appellant, v. BAKER SCHOOL DISTRICT 5J, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2007.

Attorney(s) appearing for the Case

Pamela C. Van Duyn (argued), Baker City, OR, and Damien R. Yervasi, Baker City, OR, for the plaintiff-appellant.

Richard Cohn-Lee (argued) and Nancy J. Hungerford, The Hungerford Law Firm, Oregon City, OR, for the defendant-appellee.

Before: FERGUSON, O'SCANNLAIN and FISHER, Circuit Judges.

FISHER, Circuit Judge:

This case arises from the difficult transition of Christopher J. Van Duyn ("Van Duyn"), a severely autistic child, from elementary to middle school. Van Duyn alleges that Baker School District 5J ("District") failed to implement key portions of his individualized educational program ("IEP") during the 2001-02 school year, his first year at Baker Middle School, thereby depriving him of the free appropriate public education guaranteed by the federal...

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