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10-55879 - LAUSD v. Michael Garcia


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10-55879 - LAUSD v. Michael Garcia
January 20, 2012
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Filed Order for PUBLICATION (BETTY BINNS FLETCHER, BARRY G. SILVERMAN and KIM MCLANE WARDLAW) for certification to California State Supreme Court. This case requires us to decide, as a matter of California law, whether the responsible agency for providing special education services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. ?? 1400 et seq., to an eligible child incarcerated in a county jail is the school district where the child???s parents reside. We respectfully request that the California Supreme Court decide the certified question that follows. (see order for full text) As required by California Rule of Court 8.548(c) and (d), the Clerk of this Court shall submit copies of all relevant briefs, and an original and ten copies of this Order, to the Supreme Court of California with a certificate of service on the parties. The case is withdrawn from submission and further proceedings in this court are stayed pending final action by the Supreme Court of California. The parties shall notify the Clerk of this Court within seven days after the California Supreme Court accepts or rejects certification, and again within seven days if the California Supreme Court renders an opinion. The panel retains jurisdiction over further proceedings. IT IS SO ORDERED. [8038509]
January 28, 2014
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FILED PER CURIAM OPINION (ALEX KOZINSKI, BARRY G. SILVERMAN and KIM MCLANE WARDLAW) AFFIRMED. FILED AND ENTERED JUDGMENT. [8954583]