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McQUEEN v. COLORADO SPRINGS SCHOOL DIST. NO. 11

No. 06-1169.

488 F.3d 868 (2007)

Joshua McQUEEN, a minor, by and through his parents, Keith McQUEEN and Shauna McQueen, Plaintiff-Appellant, v. COLORADO SPRINGS SCHOOL DISTRICT NO. 11, and various of its elected and appointed representatives in their official capacity, Defendant-Appellee, Colorado Association of School Boards; Colorado Department of Education, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 25, 2007.

Attorney(s) appearing for the Case

Michael C. Cook, Michael C. Cook, P.C., Colorado Springs, CO, for Plaintiff-Appellant.

Brent E. Rychener (Deborah S. Menkins with him on the brief) of Holme Roberts & Owen LLP, Colorado Springs, CO, for Defendant-Appellee.

John W. Suthers, Attorney General, and Antony B. Dyl, Assistant Attorney General, State of Colorado, Denver, CO, filed an amicus curiae brief for the Colorado Department of Education.

Kathleen M. Shannon, Colorado Association of School Boards, Denver, CO, filed an amicus curiae brief for the Colorado Association of School Boards.

Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

Joshua McQueen, formerly a student in Colorado Springs School District Number 11 (the District), suffers from autism. Under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1482, he is entitled to a free appropriate public education (FAPE), id. §§ 1400(d)(1)(A), 1412(a)(1)(A). Joshua, through his parents, claims that the District's policy limiting extended-school-year (ESY) services (provided...

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