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D.O. EX REL. WALKER v. ESCONDIDO UNION SCHOOL DISTRICT

No. 21-55498.

59 F.4th 394 (2023)

D.O., BY AND THROUGH His Guardian Ad Litem Sonya WALKER, Plaintiff-Appellee, v. ESCONDIDO UNION SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2023.

Attorney(s) appearing for the Case

Deborah R.G. Cesario (argued) and Molly E. Thurmond, Hatch & Cesario, San Diego, California, for Defendants-Appellants.

Matthew H. Storey (argued) and Jennifer W. Holzman, Law Office of Matthew Storey APC, San Diego, California; David G. Greco, RMO LLP, Los Angeles, California, for Plaintiff-Appellee.

Summer D. Dalessandro and Tiffany M. Santos, Fagen Friedman & Fulfrost LLP, Carlsbad, California; Robert Tuerck and Michael Ambrose, California School Boards Association's Education Legal Alliance, West Sacramento, California; for Amicus Curiae California School Boards Association's Education Legal Alliance.

Partial Concurrence and Partial Dissent by Judge Sanchez.

OPINION

Escondido Union School District ("Escondido") appeals the district court's ruling that Escondido denied D.O. a Free Appropriate Public Education ("FAPE") by failing to timely assess him for autism. On December 5, 2016, Dr. Margaret Dyson, an external clinical psychologist retained by D.O.'s mother, notified...

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