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R.B. EX REL. F.B. v. NAPA VALLEY UNIFIED SCHOOL

No. 05-16404.

496 F.3d 932 (2007)

R.B., by and through her Guardian Ad Litem, F.B.; F.B., Plaintiffs-Appellants, v. NAPA VALLEY UNIFIED SCHOOL DISTRICT, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2007.

Attorney(s) appearing for the Case

George D. Crook and Henry Tovmassian, Newman Aaronson Vanaman, Sherman Oaks, CA, briefed the case, and Mr. Crook argued the case for the appellants.

Sally Jensen Dutcher, General Counsel, and Scott N. Kivel, Law Offices of Scott N. Kivel, Petaluma, CA, argued and briefed the case for appellees.

John E. Hayashida, Parker & Covert, Tustin, CA, was on the brief for amicus curiae California School Boards Association Education Legal Alliance.

Before: CYNTHIA HOLCOMB HALL and DIARMUID F. O'SCANNLAIN, Circuit Judges, and IRMA E. GONZALEZ, Chief District Judge.

GONZALEZ, Chief District Judge:

R.B., a minor, by and through her Guardian Ad Litem, F.B., and F.B. ("appellants") appeal the district court's entry of summary judgment in favor of the Napa Valley Unified School District ("appellee" or "District"). The district court, in turn, upheld the decision by the California special education hearing officer ("SEHO") that R.B. is not entitled to special education protection and services under the Individuals with Disabilities...

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