Legal Opinion
Mountain View-Los Altos Union High School District and Santa Clara County Superintendent of Schools v. Sharron B.H.
Court of Appeals for the Ninth Circuit
Decided June 22, 1983No. 82-4172PublishedCited by 30 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
The issue on appeal is whether a parent unilaterally may decide to transfer her handicapped child to a private school and then seek tuition reimbursement from the public school district under the federal Education for All Handicapped Children Act, Pub.L. No. 94-142 (codified at 20 U.S.C. § 1401, et seq.) (hereafter EAHCA). We find that EAHCA does not permit such an action, though arguably an exception exists in extreme circumstances not present here.
Commencing in 1966, the Congress passed a series of acts to assist in the education of handicapped children. See, e.g.,…
2Cases cited2 opinions
- Anderson v. ThompsonCourt of Appeals for the Seventh Circuit · 1981
- William Fisher v. City of Tucson, an Incorporated MunicipalityCourt of Appeals for the Ninth Circuit · 1981
3Cited by30 opinions
- Town of Burlington v. Department of Education for the Commonwealth of Massachusetts, Town of Burlington v. Department of Education for the Commonwealth of Massachusetts, John Doe, Etc., Town of Burlington v. Department of Education for the Commonwealth of MassachusettsCourt of Appeals for the First Circuit · 1984
- Devine Ex Rel. Devine v. Indian River County School BoardCourt of Appeals for the Eleventh Circuit · 1997
- Students of California School for the Blind v. Bill Honig, in His Capacity as Superintendent of Public Instruction of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1984
- Department Of Education, State Of Hawaii v. Katherine D.Court of Appeals for the Ninth Circuit · 1984
- Larry P. v. RilesCourt of Appeals for the Ninth Circuit · 1984
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