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ASSOCIATION FOR COMMUNITY LIVING IN COLORADO v. ROMER

No. 92-1096.

992 F.2d 1040 (1993)

ASSOCIATION FOR COMMUNITY LIVING IN COLORADO, as representative of its members; Association for Community Living in Boulder County, as representative of its members; Association for Community Living of Arapahoe County, as representative of its members; Denver Association for Retarded Citizens, as representative of its members; Association for Community Living/Weld County, as representative of its members; Deidre Nann Broszat, a minor, by and through her parents, Joel and Reinhardt Broszat; Daman Lascala, a minor, by and through his parents, Daniel and Carlagene LaScala; Mark Anthony Mikkelson, a minor, by and through his parents, Michael Mark Mikkelson and Debra Mikkelson; Casey Alyssa Mangan, a minor, by and through her parents, Greg and Cathy Ludlow; and all other persons similarly situated, Plaintiffs-Appellants, v. Roy S. ROMER, Governor of the State of Colorado; William T. Randall, Commissioner of the Colorado Department of Education; Colorado Department of Education; Fred Smokoski, in his official capacity, Defendants-Appellees, Adams County School District No. 1, Arapahoe County School District No. 6, Arriba-Flagler Consolidated School District No. 20, Bennett School District No. 29J, Boulder Valley School District No. RE-2, Centennial School District No. R-1, Custer County School District No. C-1, Del Norte School District No. C-7, Douglas County School District RE-1, Edison School District No. 54-J, El Paso County School District No. RJ-1, Fremont County School District No. RE-1, Gilpin County School District No. RE-1, Hi-Plains School District No. R-23, Jefferson County School District No. R-1, Mesa County Valley School District No. 51, Miami/Yoder School District No. 60-JT, Moffat County School District RE No. 1, Morgan County School District No. RE-3, Park School District No. R-3, Plateau Valley School District No. 50, Rocky Ford School District No. R-2, Sierra Grande School District No. R-30, South Conejos School District No. RE-10, Weld County School District No. RE-4, Intervenors.

United States Court of Appeals, Tenth Circuit.

April 27, 1993.

Attorney(s) appearing for the Case

William R. Baesman, of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, CO, for plaintiffs-appellants.

Antony B. Dyl, First Asst. Atty. Gen. (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., Human Resources Section; William E. Thro, Asst. Atty. Gen., Human Resources Section, Education Unit, with him on the brief), Human Resources Section, Education Unit, Denver, CO, for defendants-appellees.

Alexander Halpern and Susan S. Schermerhorn, Caplan and Earnest, Boulder, CO, for amici curiae school districts.

Before TACHA, SETH, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Appellants (collectively referred to as "Association for Community Living" or "ACL") seek review of a district court order granting Appellees' (collectively referred to as "Colorado Department of Education" or "CDE") motion for summary judgment. ACL brought this class action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1485,1 and 42 U.S.C. § 1983 asserting that CDE...

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