Jay FOWLER and Barbara Fowler, parents and next friend of Michael Fowler, Plaintiffs-Appellees,
v.
UNIFIED SCHOOL DISTRICT NO. 259, SEDGWICK COUNTY, KANSAS, Defendant-Appellant.
United States of America; National School Boards Association; Kansas Advocacy & Protective Services, Inc.; Most Reverend James P. Keleher, Archdiocese of Kansas City, Kansas; Most Reverend Stanley G. Schlarman, Diocese of Dodge City, Kansas; Most Reverend George K. Fitzsimons, Diocese of Salina, Kansas; Most Reverend Eugene J. Gerber, Diocese Of Wichita, Kansas; National Association of the Deaf; National Cued Speech Association; The American Society for Deaf Children; And Kansas Association of the Deaf, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 4, 1997.
November 4, 1997.
Attorney(s) appearing for the Case
Roger M. Theis and Thomas R. Powell of Hinkle, Eberhart & Elkouri, L.L.C., Wichita, KS, on the briefs, for Defendant-Appellant.
Mary Kathleen Babcock, Timothy B. Mustaine, and Martha Aaron Ross of Foulston & Siefkin, L.L.P., Wichita, KS, on the briefs, for Plaintiffs-Appellees.
William Kanter and Frank A. Rosenfeld, Civil Division, Department of Justice, Washington, DC, on the briefs, for amicus curiae, the United States of America.
Gwendolyn H. Gregory, Deputy General Counsel, August W. Steinhilber, General Counsel, and Thomas A. Shannon, Executive Director, National School Boards Association, Alexandria, VA, on the briefs, for amicus curiae, the National School Boards Association.
Sherry C. Diel, Kansas Advocacy & Protective Services, Inc., Topeka, KS, on the briefs, for amicus curiae, the Kansas Advocacy & Protective Services, Inc.
J. Francis Hesse, Redmond & Nazar, L.L.P., Wichita, KS, on the briefs, for amicus curiae, Most Reverend James P. Keleher, Archdiocese of Kansas City, KS; Most Reverend Stanley G. Schlarman, Diocese of Dodge City, KS; Most Reverend George K. Fitzsimons, Diocese of Salina, KS; Most Reverend Eugene J. Gerber, Diocese of Wichita, KS.
Douglas R. Cyrex, Gonzales, LA, Marc P. Charmatz and Sarah S. Greer, National Association of the Deaf Law Center, Silver Spring, MD, on the briefs, for amicus curiae, the National Association of the Deaf, National Cued Speech Association, The American Society for Deaf Children, and Kansas Association of the Deaf.
Before ANDERSON, LUCERO, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
In February, 1997, we held that the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1420 ("IDEA"), and the regulations thereunder, as well as Kansas law, required the defendant, Unified School District No. 259, to at least partially pay for an on-site sign language interpreter for the plaintiff, Michael Fowler, a deaf child voluntarily attending a private school...
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