Smith v. LAUSD, No. 14-55224 (9th Cir. 2016)
Annotate this CaseAppellants are a sub-class of moderately to severely disabled children who have moved to intervene in a class action brought on behalf of all disabled students in the LAUSD against the LAUSD (the Chanda Smith Litigation). Appellants seek to intervene to challenge the legality of a new policy, adopted by LAUSD in 2012 as part of a renegotiation of the Chanda Smith parties’ settlement. The district court denied the motion to intervene. The court concluded that the district court abused its discretion in denying appellants’ motion as untimely under Fed. R. Civ. P. 24(a), and further erred when it found intervention unnecessary to protect appellants’ interest in ensuring the receipt of public education consistent with their disabilities and federal law. Accordingly, the court reversed and remanded.
Court Description: Intervention The panel reversed the district court’s denial of appellants’ motion to intervene in a class action brought on behalf of all disabled students in the Los Angeles Unified School District. Appellants are a sub-class of moderately to severely disabled children. They sought to intervene to challenge a new policy, adopted by LAUSD in 2012 as part of a renegotiation of a settlement. The settlement requires a class of LAUSD’s most severely disabled students to go to the same schools as the district’s general, non-disabled student
The court issued a subsequent related opinion or order on July 27, 2016.
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