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WEISSBURG v. LANCASTER SCHOOL DIST.

No. 08-55660.

591 F.3d 1255 (2010)

Joseph WEISSBURG; Adria Weissburg, Plaintiffs-Appellants, v. LANCASTER SCHOOL DISTRICT; Janis Rivera, in her official capacity as Director of Student Services of Lancaster School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 2010.

Attorney(s) appearing for the Case

Diane B. Weissburg, Diane Barbara Weissburg Law Offices, Marina del Rey, CA, for the plaintiffs-appellants.

Carol J. Grogan, Schools Legal Service, Bakersfield, CA, for the defendants-appellees.

Before: HARRY PREGERSON, STEPHEN REINHARDT and KIM McLANE WARDLAW, Circuit Judges.

PREGERSON, Circuit Judge:

Joseph and Adria Weissburg ("Weissburgs") brought an action for attorneys' fees against Lancaster School District ("school district") under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1415(i)(3)(B), on behalf of their child, Edward Weissburg ("Edward"). Edward is a seven-year-old child with developmental disabilities who is eligible for special education under the IDEA. In 2005, the district issued an assessment...

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