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ORANGE CTY. DEPT. OF EDUC. v. CAL. DEPT. OF EDUC.

No. 09-56192.

650 F.3d 1268 (2011)

ORANGE COUNTY DEPARTMENT OF EDUCATION, Petitioner-Appellee, v. CALIFORNIA DEPARTMENT OF EDUCATION, Respondent-Appellant, and A.S., a minor; Los Angeles Unified School District; Charter Oak Unified School District; California Office of Administrative Hearings, Respondents.

United States Court of Appeals, Ninth Circuit.

May 18, 2011.

Attorney(s) appearing for the Case

Karen Lynn Van Dijk, Esquire , Best Best & Krieger, LLP, Irvine, CA, for Petitioner-Appellee.

Edmundo Aguilar , Deputy General Counsel, California Department of Education, Sacramento, CA, for Respondent-Appellant.

Kathleen Loyer, Esquire , Law Offices of Kathleen M. Loyer, Inc., San Clemente, CA, Sue Ann Evans, Esquire , Managing Senior Counsel, Miller Brown & Dannis , Long Beach, CA, Joyce E. Paul, Esquire , Parker Covert LLP, Tustin, CA, for Respondents.

Before: RAYMOND C. FISHER and JAY S. BYBEE, Circuit Judges, and EDWARD F. SHEA, District Judge.

ORDER

This case requires us to decide, as a matter of California law, which California agency is responsible for funding a special education student's placement in an out-of-state residential treatment facility. We respectfully request that the California Supreme Court exercise its discretion and decide the certified question presented below.

I. Question Certified

Pursuant to Rule 8.548 of the California Rules of Court, we request that the California...

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