V.S. v. LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL

No. 04-17480.

484 F.3d 1230 (2007)

Parent V.S., on behalf of Student A.O., Plaintiff-Appellant, v. LOS GATOS-SARATOGA JOINT UNION HIGH SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2007.


Attorney(s) appearing for the Case

Valerie J. Mulhollen, San Leandro, CA, for the appellant.

Gregory A. Wedner, Lozano Smith, Monterey, CA, for the appellee.

Before MARY M. SCHROEDER, Chief Circuit Judge, JEROME FARRIS and JOHNNIE B. RAWLINSON, Circuit Judges.


Opinion by Judge RAWLINSON; Dissent by Judge FARRIS.

RAWLINSON, Circuit Judge.

This case presents the issue of when one is a prevailing party under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. (2000). Because the hearing officer determined that student A.O. was deprived of a free and appropriate public education (FAPE), and that A.O. was eligible for special education...

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