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ALVIN INDEPENDENT SCHOOL DISTRICT v. A.D. EX REL. PATRICIA F.

No. 06-41588.

503 F.3d 378 (2007)

ALVIN INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellee, v. A.D., by next friend PATRICIA F., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 4, 2007.

Attorney(s) appearing for the Case

Jeffrey L. Rogers (argued), Amy Cumings Tucker, Feldman & Rogers, Houston, TX, for Plaintiff-Appellee.

Robert H. Etnyre, Jr., Royston, Rayzor, Vickery & Williams, Houston, TX, Rhoda Janet Nelson (argued), Fort Lauderdale, FL, Andreana J. Gusman, Gusman Law Firm, Spring, TX, for Defendant-Appellant.

Before KING, GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Appellant A.D. appeals the district court's judgment in favor of Appellee Alvin Independent School District ("AISD"), finding that the Special Education Hearing Officer ("Hearing Officer") improperly determined that A.D. meets the definition of "child with a disability" under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-91. We AFFIRM.

I.

A.D. is a student in AISD diagnosed with Attention...

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