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CAPISTRANO UNIFIED SCHOOL DIST. v. S.W.

Nos. 20-55961, 20-55987.

21 F.4th 1125 (2021)

CAPISTRANO UNIFIED SCHOOL DISTRICT, Plaintiff-Appellant/Cross-Appellee, v. S.W. and C.W., on behalf of their minor child, B.W., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2021.

Attorney(s) appearing for the Case

S. Daniel Harbottle (argued) and Tracy Petznick Johnson , Harbottle Law Group, Irvine, California, for Plaintiff-Appellant/Cross-Appellee.

Timothy A. Adams (argued) and Lauren-Ashley Caron , Adams & Associates, APLC, Santa Ana, California, for Defendants-Appellees/Cross-Appellants.

Alexis Casillas , Legal Director, Learning Rights Law Center, Los Angeles, California; Selene Almazan-Altobelli , Council of Parent Attorneys and Advocates, Inc., Towson, Maryland; Ellen Marjorie Saideman , Law Office of Ellen Saideman, Barrington, Rhode Island; for Amici Curiae Council of Parent Attorneys and Advocates, Inc. and California Association for Parent-Child Advocacy.

Jennifer L. Meeker , Nossaman LLP, Los Angeles, California; Elizabeth Key , Nossaman LLP, San Francisco, California; for Amicus Curiae California Association of Lawyers for Education.

Before: Mark J. Bennett and Ryan D. Nelson, Circuit Judges, and David A. Ezra, District Judge.

OPINION

When B.W. was in first grade, after a dispute over services under the IDEA with Capistrano Unified School District, her parents withdrew her from public school, enrolled her in private school, and filed an administrative complaint seeking reimbursement for tuition and services. Capistrano's proposed placement...

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