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VAN DUYN EX REL. VAN DUYN v. BAKER SCHOOL DIST. 5J

No. 05-35181.

502 F.3d 811 (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.

Amended September 6, 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.

Lewis Bossing, The Legal Aid Society of San Francisco, San Francisco, CA, for the amici curiae The Legal Aid Society of San Francisco — Employment Law Center, the Learning Rights Law Center, the Oregon Advocacy Center and Protection & Advocacy, Inc.

Opinion by Judge FISHER; Dissent by Judge FERGUSON

FISHER, Circuit Judge:

The opinion filed at 481 F.3d 770 (9th Cir.2007), is amended in full as follows:

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...

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