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E.M. EX REL. E.M. v. PAJARO VALLEY UNIFIED SCHOOL DIST. OFFICE

No. 12-15743.

758 F.3d 1162 (2014)

E.M., a minor, by and through his parents, E.M. and E.M., Plaintiff-Appellant, v. PAJARO VALLEY UNIFIED SCHOOL DISTRICT OFFICE OF ADMINISTRATIVE HEARINGS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2014.

Attorney(s) appearing for the Case

Mandy G. Leigh (argued), Jay T. Jambeck , and Sarah J. Fairchild , Leigh Law Group, San Francisco, CA, for Plaintiff-Appellant.

Laurie E. Reynolds and Kimberly A. Smith (argued), Fagen Friedman & Fulfrost, Oakland, CA, for Defendant-Appellee.

Philip H. Rosenfelt , United States Department of Education, and Thomas E. Perez , Mark L. Gross , and Jennifer L. Eichhorn (argued), United States Department of Justice, Washington, D.C., Amicus Curiae United States of America.

Before: MARY M. SCHROEDER, KERMIT V. LIPEZ, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

In 2004, before E.M. entered the fourth grade, he was first tested for a learning disability. Through this lengthy litigation it has been established that E.M. has an auditory processing disorder or a central auditory processing disorder. However, in the fall of 2004 and the spring of 2005, E.M.'s school district, the Pajaro Valley Unified School District ("PVUSD") tested E.M. and determined that, despite his learning disability...

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