PADILLA v. SCHOOL DIST. NO. 1 IN DENVER, COLO.

Nos. 99-1061, 99-1345.

233 F.3d 1268 (2000)

Shayne PADILLA, by and through her legal guardians and next friends Michelle PADILLA and Mariano Padilla, Plaintiff-Appellee, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, COLORADO; Denver School District Board of Education; Jean Boggs, individually and in her official capacity as employee of School District No. 1 in the City and County of Denver, Defendants, and Patrice Hall; Cynthia Rose; Maria Diaz; Jeannie Hayes, individually and in their official capacities as employees of School District No. 1 in the City and County of Denver, Defendants-Appellants, Legal Center for People with Disabilities and Older People; Colorado Developmental Disabilities Planning Council; National Association of Protection and Advocacy Systems; Center for Law and Education; Tash; The Association for Community Living in Boulder County, Inc.; Arc of Denver; Arc of Adams County; Arc of Arapahoe & Douglas Counties; Arc of Colorado; Arc of the United States; Nami Colorado; National Alliance for the Mentally Ill; Rocky Mountain Children's Law Center; National School Boards Association; Colorado Association of School Boards, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 5, 2000.


Attorney(s) appearing for the Case

Patrick B. Mooney (Julie C. Tolleson and Elizabeth J. Hyatt with him on the briefs) of Semple, Miller & Mooney, P.C., Denver, Colorado, for Defendants-Appellants.

Kathleen Mullen of Law Office of Kathleen Mullen, P.C., Denver, Colorado, for Plaintiff-Appellee.

Richard F. Hennessey and Kathryn A. Wingard of Pendleton, Friedberg, Wilson & Hennessey, P.C., filed an amicus curiae brief for Rocky Mountain Children's Law Center.

Kathleen B. Boundy, Co-Director, Center for Law and Education, Boston, Massachusetts, and Michael W. Breeskin, General Counsel, Association for Community Living in Boulder County, Inc., filed an amicus curiae brief for Center for Law and Education, Tash, and the Association for Community Living in Boulder County, Inc.

Kristin A. Kutz and William P. Bethke of Kutz & Bethke, Lakewood, Colorado, filed an amicus curiae brief for Arc of Denver, Arc of Adams County, Arc of Arapahoe & Douglas Counties, Arc of Colorado, Arc of the United States, NAMI Colorado, and National Alliance for the Mentally Ill.

Julie K. Underwood, General Counsel, National School Boards Association, Alexandria, Virginia; Lauren B. Kingsbery and Julie Murphy Seavy, Legal Counsel, Colorado Association of School Boards, Denver, Colorado; and Julie J. Weatherly, School Board Attorney, Weatherly Law Firm, Atlanta, Georgia, filed an amicus curiae brief for National School Boards Association and Colorado Association of School Boards.

Chester R. Chapman, Denver, Colorado, filed an amicus curiae brief for The Legal Center for People with Disabilities and Older People, the Colorado Developmental Disabilities Planning Council, and National Association of Protection and Advocacy Systems.

Before BALDOCK, McKAY, and ALARCON, Circuit Judges.


McKAY, Circuit Judge.

Plaintiff, a minor with physical and developmental disabilities, formerly attended school in Denver School District No. 1. She brought an action against the school district and the board of education, alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. She also brought an action against the district, the board, and several individual district employees, alleging violations of 42 U.S.C. §...

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