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S.C. BY K.G. v. LINCOLN COUNTY SCHOOL DIST.

No. 21-35242.

16 F.4th 587 (2021)

S.C. BY her mother and next friend, K.G., Plaintiff-Appellant, v. LINCOLN COUNTY SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2021.

Attorney(s) appearing for the Case

Suzanne M. Gall (argued), Suzanne M. Gall LLC, Portland, Oregon; Alice K. Nelson , Nelson Koster, Tampa, Florida; Andrée Larose , Morrison Sherwood Wilson Deola PLLP, Helena, Montana; for Plaintiff-Appellant.

Nancy J. Hungerford (argued) and Richard G. Cohn-Lee , Hungerford Law Firm, Oregon City, Oregon, for Defendant-Appellee.

Ellen Marjorie Saideman (argued), Law Office of Ellen Saideman, Barrington, Rhode Island; Selene Almazan-Altobelli , Council of Parent Attorneys and Advocates, Inc., Towson, Maryland; for Amicus Curiae Council of Parent Attorneys and Advocates, Inc.

Before: A. Wallace Tashima and Ronald M. Gould, Circuit Judges, and Jed S. Rakoff, District Judge.

OPINION

This case asks us to consider the application of the so-called "stay put" provision of the Individuals with Disabilities in Education Act ("IDEA"). In this case, an administrative law judge, after considering a due process challenge to the educational program of a child with disabilities, ordered that the...

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