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K.M. EX REL. BRIGHT v. TUSTIN UNIFIED SCHOOL DIST.

Nos. 11-56259, 12-56224.

725 F.3d 1088 (2013)

K.M., a minor, by and through her Guardian Ad Litem, Lynn BRIGHT, Plaintiff-Appellant, v. TUSTIN UNIFIED SCHOOL DISTRICT, Defendant-Appellee. D.H., a minor, by and through her Guardian Ad Litem, K.H., Plaintiff-Appellant, v. Poway Unified School District, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2013.

Attorney(s) appearing for the Case

David Martin Grey (argued), Grey & Grey, Santa Monica, CA, for Plaintiff-Appellant.

Jack Byron Clarke, Jr. (argued), Best Best & Krieger LLP, Riverside, CA; Cary K. Quan, Declues, Burkett & Thompson, LLP, Huntington Beach, CA, for Defendant-Appellee (11-56259).

Jennifer Levin Eichhorn (argued), United States Department of Justice Civil Rights Division/Appellate Section, for Amicus Curiae United States of America.

Steven Robert Rech, Schwartz, Junell, Greenberg & Oathout, LLP, Houston, TX, for Amicus Curiae Alexander Graham Bell Association for the Deaf and Hard of Hearing.

Keith L. Wurster, Baker & McKenzie LLP, Palo Alto, CA, for Amicus Curiae Council of Parent Attorneys and Advocates, Inc.

Marlon Craig Wadlington (argued), Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, CA, for Defendant-Appellee (12-56224).

Before: MARSHA S. BERZON, RICHARD R. CLIFTON, and SANDRA S. IKUTA, Circuit Judges.

OPINION

BERZON, Circuit Judge:

These two cases, consolidated for oral argument, raise questions about the obligations of public schools under federal law to students who are deaf or hard-of-hearing. The plaintiffs' central claim is that their school districts have an obligation under the Americans with Disabilities Act ("ADA") to provide them with a word-for-word transcription service so that they can fully understand the teacher and fellow students without...

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