STUDENT A v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT

No. 20-15386.

9 F.4th 1079 (2021)

STUDENT A, BY AND THROUGH PARENT A, her Guardian; Student B, by and through Parent B, his Guardian; Student C, by and through Parent C, his Guardian; Student D, by and through Parent D, her Guardian; Student E, by and through Parent E, her Guardian, on Behalf of Themselves and all Others Similarly Situated, Plaintiffs-Appellants, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT; Vincent Matthews, in his Official Capacity as the Superintendent for the San Francisco Unified School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2021.


Attorney(s) appearing for the Case

Guy B. Wallace (argued), Schneider Wallace Cottrell Konecky LLP, Emeryville, California; Shawna L. Parks , Law Office of Shawna L. Parks, Los Angeles, California; Jinny Kim and Alexis Alvarez , Legal Aid at Work, San Francisco, California; Jose R. Allen and Christina M. Krokee , Skadden Arps Slate Meagher & Flom LLP, Palo Alto, California; for Plaintiffs-Appellants.

Don Willenburg (argued), Gordon Rees Scully Mansukhani LLP, Oakland, California; Mark S. Posard and Judith A. Cregan , Gordon Rees Scully Mansukhani LLP, Sacramento, California; for Defendants-Appellees.

Neeraj Kumar , Ramaah Sadasivam , Suge Lee , and Melinda Bird , Disability Rights California, Oakland, California, for Amici Curiae Disability Rights California, The ARC of the United States, Arizona Center for Disability Law, Council of Parent Attorneys and Advocates Inc., Disability Law Center of Alaska, Disability Rights Advocates, Disability Rights Education and Defense Fund, Disability Rights Oregon, and Learning Rights Law Center.

Before: Mary M. Schroeder, Milan D. Smith, Jr., and Lawrence VanDyke, Circuit Judges.


OPINION

Most Americans, at least those who have had children in our public schools in the last 50 years, are familiar with the landmark legislation of the 1970s ensuring that our schools educate those of our children who have disabilities. Titled the Individuals with Disabilities Education Act, 20 U.S.C. §...

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