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· 9/4/2008

Nb v. Hellgate Elementary School Dist. Ex Rel. Board of Directors

Citations

  • 541 F.3d 1202
  • 2008 U.S. App. LEXIS 18865
  • 2008 WL 4070273

How courts have described this case

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

  • holding that a school district may not “abdicate” its responsibilities under the IDEA and that merely referring a child’s parents to a third party for testing violates the statutory requirement that the school district “ensure” that the child is assessed
  • noting that the duty may also by triggered by the 18 informed suspicions of outside experts
  • finding where an IEP team was “on notice that [the student] likely-suffered from some form of autism” it was insufficient merely to advise the student’s parents to have the student evaluated
  • school did not fulfill obligations of IDEA by simply referring parents to facility for testing because such action-does not ensure that student is assessed
  • “[A] school district must 24 comply not only with federal statutory and regulatory procedures, but with state regulations as 25 well”
  • “We review the district court’s findings of fact for clear error even when they are based on the written record of administrative proceedings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, Graber, Rawlinson

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.