· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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