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· 8/28/2014

Cruz v. City of Anaheim

Citations

  • 584 F. App'x 696

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “residency, rather than enrollment, trigger’s a district’s FAPE obligations”
  • explaining the school district “improperly attempt[ed] to impose a FAPE requirement by arguing that [the private school] was not the least restrictive environment” for the student
  • “[the IDEA] requires each LEA to have in effect an IEP at the beginning of each school year for each disabled child ‘in the agency's jurisdiction.’”
  • “[Wjhere parents request reevaluations of their child for purposes of having an offer of a FAPE made for him, and the child is domiciled in the district, the school district must comply.” (emphasis added)
  • “[Wjhere parents either re-enroll their child in public school or request evaluations so they can re-enroll him, the district must evaluate and develop an IEP for that child for purposes of proposing a FAPE.”
  • “[W]here the child was already attending a private school when the district denied him a FAPE ... courts have calculated tuition claims from the point at which the school district should have acted.... ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clifton, Kozinski, Rakoff

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.