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L.M. EX REL. SAM M. v. CAPISTRANO UNIFIED SCHOOL DIST.

Nos. 07-55469, 07-55585, 07-55758, 07-56373.

538 F.3d 1261 (2008)

L.M., a minor by and through his Guardian Ad Litem, SAM M. and Mariette M.; Sam M., on his own behalf; Mariette M., on her own behalf, Plaintiffs-Appellees, v. CAPISTRANO UNIFIED SCHOOL DISTRICT, Defendant-Appellant. L.M., a minor by and through his Guardian Ad Litem, Sam M. and Mariette M.; Sam M., on his own behalf; Mariette M., on her own behalf, Plaintiffs-Appellees, v. Capistrano Unified School District, Defendant-Appellant. L.M., a minor by and through his Guardian Ad Litem, Sam M. and Mariette M.; Sam M., on his own behalf; Mariette M., on her own behalf, Plaintiffs-Appellants, v. Capistrano Unified School District, Defendant-Appellee. L.M., a minor by and through his Guardian Ad Litem, Sam M. and Mariette M.; Sam M., on his own behalf; Mariette M., on her own behalf, Plaintiffs-Appellees, v. Capistrano Unified School District, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2008.

Attorney(s) appearing for the Case

S. Daniel Harbottle, Rutan & Tucker, LLP, Costa Mesa, CA, for the defendant-appellant/appellee.

Bruce E. Bothwell, Law Office of Bruce E. Bothwell, Long Beach, CA, for the plaintiff-appellee/appellant.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

TALLMAN, Circuit Judge:

L.M. is the autistic child of two loving parents, Samuel and Mariette (collectively "Parents"), who have spared no expense to obtain private in-home treatment for their developmentally disabled son. The local Capistrano Unified School District ("District") balked at the idea of continuing the in-home educational plan at public expense and offered an alternative plan. The matter ended up before an administrative law judge in California who conducted...

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