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DAVIS v. FRANCIS HOWELL SCHOOL DIST.

No. 97-2379.

138 F.3d 754 (1998)

Mary DAVIS, Individually and as next friend for a minor Shane Davis; Bobby D. Davis, Individually and as next friend for a minor Shane Davis, Plaintiffs-Appellants, v. FRANCIS HOWELL SCHOOL DISTRICT; Roger Russell; Vicky Stewart; Joan Powlishta, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1998.

Attorney(s) appearing for the Case

Rebecca S. Stith, St.Louis, MO, argued (Stephen E. Rothenberg, on the brief), for Plaintiffs-Appellants.

Robert J. Tomaso, St. Louis, MO, argued (Peter G. Yelkovac, on the brief), for Defendants-Appellees.

Before WOLLMAN, BRIGHT and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Mary and Bobby Davis sued the Francis Howell School District, claiming that its refusal to administer to their son Shane his prescribed dose of Ritalin SR to treat an attention deficit hyperactivity disorder (ADHD) violates Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131 et seq., § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and 42 U.S.C. § 1983. The district court1

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