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THOMPSON R2-J SCHOOL v. LUKE P., EX REL. JEFF P.

No. 07-1304.

540 F.3d 1143 (2008)

THOMPSON R2-J SCHOOL DISTRICT, Plaintiff-Appellant, v. LUKE P., by and through his parents and next friends, JEFF and Julie P., Defendants-Appellees. National School Boards Association; Colorado Association of School Boards; Colorado Boces Association; Colorado Boards of Cooperative Educational Services Association; Colorado Special Education Directors Consortium; Autism Speaks, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 29, 2008.

Attorney(s) appearing for the Case

W. Stuart Stuller (Alyssa C. Burghardt with him on the briefs), of Caplan and Earnest LLC, Boulder, CO, for Plaintiff-Appellant.

Jack D. Robinson of Spies, Powers & Robinson, P.C., Denver, CO, for Defendants-Appellees.

Kathleen Sullivan, Colorado Association of School Boards, Francisco M. Negrón, Jr., National School Boards Association, Alexandria, VA, and Darryl Farrington, Semple, Miller, Mooney & Farrington, P.C., Denver, CO, filed an amici curiae brief in support of Plaintiff-Appellant.

Gary S. Mayerson, Director, Autism Speaks, Federal Legal Appeals Project, Mayerson & Associates, New York, NY, filed an amicus curiae brief in support of Defendants-Appellees.

Before BRISCOE, GORSUCH, Circuit Judges, and PARKER, Senior District Judge.

GORSUCH, Circuit Judge.

Jeff and Julie P. contend that the Thompson R2-J School District failed to provide their autistic son Luke with the educational services guaranteed to him by the Individuals with Disabilities Education Act ("IDEA") because of the difficulty he experiences in generalizing skills learned in the school setting to the home and other environments. They also assert that, given the severity of some of the manifestations of Luke's disability, only...

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