Legal Opinion
Newport-Mesa Unified School District v. Hubert
California Court of Appeal
Decided June 10, 1982No. Docket Nos. 25824, 27087PublishedCited by 6 opinions
1Opinion of the Court
Opinion
MORRIS, P. J.
The Newport-Mesa Unified School District appeals from a judgment denying declaratory relief. The case involves the extent of the district’s responsibility to pay for the private education of Dr. and Mrs. Hubert’s son, Bernt, under the federal Education for All Handicapped Children Act of 1975 (20 U.S.C. § 1401 et seq.). We reverse.
Statutory Scheme
The Education for All Handicapped Children Act of 1975 (EAHCA) expanded an existing program providing federal grants to states for the education of handicapped children. The stated purpose of the legislation is “to assure that all…
2Cases cited12 opinions
- Anderson v. ThompsonCourt of Appeals for the Seventh Circuit · 1981
- Monahan v. State of Neb.District Court, D. Nebraska · 1980
- Boxall v. Sequoia Union High School DistrictDistrict Court, N.D. California · 1979
- Amherst-Pelham Regional School Committee v. Department of EducationMassachusetts Supreme Judicial Court · 1978
- James H. Monahan, as Next Friend of Daniel J. Monahan George Rose, as Next Friend of Marla Rose v. State of Nebraska, Charles Thone, Governor of the State of Nebraska, Board of Education, School District 1, Douglas County, Nebraska, Owen Knutzen, Individually, and as Superintendent of School District 1, Douglas County, Nebraska, Dale Samuelsen, Individually, and as Assistant Superintendent in Charge of Special Education, of School District 1, Douglas County, Nebraska, Anne Campbell, Commissioner of Education for the State of Nebraska, State Board of Education, Walter M. Thompson, Individually, and as a Member of the State Board of Education, Margaret Lockwood, Individually, and as a Member of the State Board of Education, Frank E. Landis, Individually, and as a Member of the State Board of Education, Don M. Lienemann, Individually, and as a Member of the State Board of Education, Dorothy Creigh, Individually, and as a Member of the State Board of Education, Arlene E. Hart, Individually, and as a Member of the State Board of Education, William C. Ramsey, Individually, and as a Member of the State Board of Education, Dorothy Beaver, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, June Bostwick, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Walter Calinger, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Pat Geringer, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Leo Hoffman, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Gaynelle Goodrich, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Ruth Thomas, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Frank Bogard Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Ron McGruder Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, James A. Monaghan, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, James Beutel, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, and Leo Kastrick, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, James H. Monahan, as Next Friend of Daniel J. Monahan, George Rose, as Next Friend of Marla Rose v. State of Nebraska, Charles Thone, Governor of the State of Nebraska, Board of Education, School District 1, Douglas County, Nebraska, Owen Knutzen, Individually, and as Superintendent of School District 1, Douglas County, Nebraska, Dale Samuelsen, Individually, and as Assistant Superintendent in Charge of Special Education, of School District 1, Douglas County, Nebraska, Anne Campbell, Commissioner of Education for the State of Nebraska, State Board of Education, Walter M. Thompson, Individually, and as a Member of the State Board of Education, Margaret Lockwood, Individually, and as a Member of the State Board of Education, Frank E. Landis, Individually, and as a Member of the State Board of Education, Don M. Lienemann, Individually, and as a Member of the State Board of Education, Dorothy Creigh, Individually, and as a Member of the State Board of Education, Arlene E. Hart, Individually, and as a Member of the State Board of Education, William C. Ramsey, Individually, and as a Member of the State Board of Education, Dorothy Beaver, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, June Bostwick, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Walter Calinger, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Pat Geringer, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Leo Hoffman, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Gaynelle Goodrich, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Ruth Thomas, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Frank Bogard, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, Ron McGruder Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, James A. Monaghan, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, James Beutel, Individually, and as a Member of the Board of Education, School District 1, Douglas County, Nebraska, and Leo Kastrick, Individually, and as a Member of the Board of Education, School District 1, Douglas County, NebraskaCourt of Appeals for the Eighth Circuit · 1981
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3Cited by6 opinions
- Keech v. Berkeley Unified School DistrictCalifornia Court of Appeal · 1984
- White v. State of CaliforniaCalifornia Court of Appeal · 1987
- Byrnes v. RilesCalifornia Court of Appeal · 1984
- ADAMS BY ADAMS v. HansenDistrict Court, N.D. California · 1985
- La Pointe v. John K.California Court of Appeal · 1985
1 more not listed; retrieve them via the Exa API.