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FOREST GROVE SCHOOL DIST. v. T.A.

No. 05-35641.

523 F.3d 1078 (2008)

FOREST GROVE SCHOOL DISTRICT, Plaintiff-Appellee, v. T.A., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2008.

Attorney(s) appearing for the Case

Mary E. Broadhurst, Mary E. Broadhurst, P.C., Eugene, OR, for the defendant-appellant.

Andrea L. Hungerford and Richard G. Cohn-Lee, The Hungerford Law Firm, LLP, Oregon City, OR, for the plaintiff-appellee.

Opinion by Judge GRABER; Dissent by Judge RYMER.

GRABER, Circuit Judge:

Defendant T.A., a former student of Plaintiff Forest Grove School District, appeals the district court's denial of reimbursement under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1482, for his expenses in attending a private school. We must decide whether a student who never received special education and related services from a school district nevertheless may recover reimbursement for the costs of...

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