Shapiro v. Paradise Valley Unified School Dist. No. 69, s. 97-15814
| Decision Date | 31 August 1998 |
| Docket Number | 97-15875,Nos. 97-15814,s. 97-15814 |
| Citation | 152 F.3d 1159 |
| Parties | 128 Ed. Law Rep. 988, 98 Daily Journal D.A.R. 9414 Isadora SHAPIRO, By and Through her parents Gary and Laurie SHAPIRO, Plaintiff-Appellee, Cross-Appellant, v. PARADISE VALLEY UNIFIED SCHOOL DISTRICT NO. 69, Defendant-Appellant, Cross-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Stephen Walker, Beachwood, Ohio, for plaintiff-appellee-cross-appellant.
Robert D. Haws and Gary L. Lassen, Jennings, Strouss & Salmon, Phoenix, Arizona, for defendant-appellant-cross-appellee.
Appeals from the United States District Court for the District of Arizona; Robert C. Broomfield, District Judge, Presiding. D.C. No. CV-95-02377-RCB.
Before: REINHARDT, NOONAN, and THOMPSON, Circuit Judges.
Isadora ("Dorie") Shapiro, a hearing-impaired child, by and through her parents, Gary and Laurie Shapiro, filed suit against Paradise Valley Unified School District, alleging that the District failed to provide her with a "free appropriate public education" as required by the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400, et seq. Dorie sought reimbursement under the Act for the fees and expenses paid to enroll her at a specialized private school pending the resolution of administrative due process hearings regarding the district's compliance with the Act. She had attended the private school for the preceding three years under a grant the school provided. The grant was not available, however, for the year at issue. The district court ruled in Dorie's favor on her claim that the District violated the IDEA, but remanded the proceedings to the administrative officer with instructions to determine whether the specialized private school provided an "appropriate" education. When the district court entered the remand order, it also "terminated" the action. The District appealed the district court's decision that it failed to comply with the IDEA, and Dorie cross-appealed the order remanding the question of the appropriateness of the education provided by her private school, as well as some of the claims decided against her.
Because we conclude that the district court exceeded its authority in terminating the action when it remanded for further proceedings, we vacate the termination order and remand for entry of a stay. "The rule in this Circuit is that where a court suspends proceedings in order to give preliminary deference to an independent adjudicating body but further judicial proceedings are contemplated, then jurisdiction should be retained by a stay of proceedings, not relinquished by a dismissal." United States v. Henri, 828 F.2d 526, 529 (9th Cir.1987) (per curiam) (internal quotations and citations omitted). Here, the district court remanded the case to the due process hearing officer for a decision as to the appropriateness of Dorie's specialized...
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Reid ex rel. Reid v. District of Columbia
...Cir.2005) (remanding IDEA suit to district court with instructions to remand to hearing officer); Shapiro v. Paradise Valley Unified Sch. Dist. No. 69, 152 F.3d 1159, 1160 (9th Cir.1998) (ordering district court to stay proceedings and remand to hearing officer). Whichever path the court ch......
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Shapiro ex rel. Shapiro v. Paradise Valley Unified
...the entry of a stay pending a final determination by the hearing officer. Shapiro ex rel. Shapiro v. Paradise Valley Unified Sch. Dist. No. 69, 152 F.3d 1159, 1160-61 (9th Cir.1998) (per curiam). On remand, the Arizona Department of Education referred the matter to Administrative Law Judge ......
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Christine C. v. Hope Twp. Bd. of Educ.
...(remanding a suit to the district court with instructions to remand to the state hearing officer); Shapiro v. Paradise Valley Unified Sch. Dist. No. 69, 152 F.3d 1159, 1160 (9th Cir. 1998) (ordering the district court to stay proceedings and remand to the state hearing officer); see also A.......
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Alsea Valley Alliance v. Department of Commerce
...deprive the litigants of an opportunity to obtain review." Stone, 722 F.2d at 467; see also Shapiro v. Paradise Valley Unified Sch. Dist. No. 69, 152 F.3d 1159, 1161 (9th Cir.1998) (per curiam) (refusing to consider a remand order final for purposes of appeal because "appellate review would......