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MARSHALL JOINT SCHOOL v. C.D. EX REL. BRIAN D.

Nos. 09-1319, 09-2499.

616 F.3d 632 (2010)

MARSHALL JOINT SCHOOL DISTRICT NO. 2, Plaintiff-Appellant, v. C.D., by and through his parents, BRIAN and Traci D., Defendant-Appellee. Traci and Brian D., as parents of and on behalf of their minor child C.D., Plaintiffs-Appellees, v. Marshall Joint School District No. 2, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 2010.

Attorney(s) appearing for the Case

Joanne H. Curry (argued), Lathrop & Clark, Madison, WI, for Plaintiff-Appellant.

Lynn Michelle Novotnak (argued), Hawks, Quindel, Ehlke & Perry, Milwaukee, WI, for Defendant-Appellee.

Francisco M. Negron, Jr. , National School Board Association, Alexandria, VA, for Amicus Curiae.

Before CUDAHY, MANION, and WILLIAMS, Circuit Judges.

MANION, Circuit Judge.

The Appellee C.D. is now a fifth-grade student in the Marshall Joint School District. In kindergarten he was diagnosed with a rare genetic disease, and since then the school district has provided him with additional resources in his academic classes and special education in gym. When he was in second grade the school district reevaluated his eligibility for special education, and a team of educational professionals determined that he no longer...

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