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BIRMINGHAM v. OMAHA SCHOOL DIST.

No. 99-3590.

220 F.3d 850 (2000)

Brenda Deann BIRMINGHAM, Plaintiff-Appellant, v. OMAHA SCHOOL DISTRICT; David Land, Superintendent of the Omaha School District; Randy J. Centers, Principal of the Omaha School District; Larry Gilbert, as a Current or Former Member of the Omaha School Board; Larry Matlock, as a Current or Former Member of the Omaha School Board; Lanny, Fuefett, as a current or former member of the Omaha School Board; Pam Gass, as a Current or Former Member of the Omaha School Board; David Arnold, as a Current or Former Member of the Omaha School Board; Bill Curtis; Mike Fulton, as a Current or Former Member of the Omaha School Board; James Strain, Omaha High School Special Education Teacher; Bill Gregg, Defendants-Appellees, Boone County Independent Living Center, Inc., Defendant. Lee Fraiser, Director, Arkansas Department of Human Services; Sue Habermehl, Defendants-Appellees, United States of America, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2000.

Attorney(s) appearing for the Case

Thomas K. Gilhool, Philadelphia, PA, argued (Michael Churchill, Judith A. Gran, Max P. Lapertosa, Philadelphia, PA, on the brief), for appellant.

Kevin Russell, Dept. of Justice, Washington, D.C. argued (Mark L. Gross, Dept. of Justice on the brief), for Amicus on behalf of appellant.

W. Paul Blume, Little Rock, AR, for school board appellees.

Breck G. Hopkins, Little Rock, AR, for State Dept. of Human Services appellees.

Before: RICHARD S. ARNOLD and HEANEY, Circuit Judges, and SIPPEL, District Judge.

HEANEY, Circuit Judge.

Brenda Birmingham, through her mother Rose, ("Birmingham") appeals the district court's dismissal of her claims brought under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400-1415 (2000); § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (2000); Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 (2000); and 42 U.S.C. § 1983 (2000). We affirm in part and reverse in...

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