Christopher T. v. San Francisco Unified School District

OPINION AND ORDER

ORRICK, District Judge.

The Education for All Handicapped Children Act (“EHA”), 20 U.S.C. § 1401 et seq., provides that a state must, in order to receive federal grants-in-aid under the Act, have in effect “a policy that assures all handicapped children the right to a free appropriate public education.” 20 U.S.C. § 1412(1). Where placement in a residential program is necessary to provide special education and related services to a handicapped child, the cost of such placement also must be borne by the state, but this requirement applies only where residential placement is…