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JOHN v. MARION INDEPENDENT SCHOOL DIST.

Nos. 97-3984, 98-1185.

173 F.3d 684 (1999)

JOHN T.; Leigh T., Individually and as Guardians and Next Friends of Robert T., Appellees, v. MARION INDEPENDENT SCHOOL DISTRICT; Grant Wood Area Education Agency, Appellants. John T.; Leigh T., Individually and as Guardians and Next Friends of Robert T., Appellees, v. Marion Independent School District; Grant Wood Area Education Agency; The Iowa Department of Education, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed April 19, 1999.

Rehearing and Rehearing Denied June 2, 1999.

Attorney(s) appearing for the Case

Thad J. Collins, Cedar Rapids, IA, argued (Matthew G. Novak, Cedar Rapids, Iowa, on the brief), for Appellant Marion Independent School District.

Christie J. Scase, Asst. Atty. Gen., Des Moines, IA, argued, for Appellant Iowa Department of Education.

Curt L. Sytsma, Des Moines, IA, argued (Elizabeth D. Jacobi, Cedar Rapids. IA., on the brief), for Appellees.

Before: MURPHY, JOHN R. GIBSON, and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1999.

MAGILL, Circuit Judge.

Robert T. is a disabled child who requires a full-time, student-specific assistant in order to function in a classroom environment. Robert's parents voluntarily enrolled him in St. Joseph Catholic School (St. Joseph), a private religious school in Marion, Iowa. Robert's parents requested, but were refused, a full-time assistant for Robert while he was enrolled at St. Joseph. They were...

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