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M.P. EX REL. K. v. INDEPENDENT SCHOOL DIST. 721

No. 02-2608.

326 F.3d 975 (2003)

M.P., by and through his parents and natural guardians K. and D.P., Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 721, New Prague; Arlene Pexa, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2003.

Attorney(s) appearing for the Case

Margaret O'Sullivan Kane, argued, St. Paul, MN (Amy Jane Goetz, on the brief), for appellant.

James R. Andreen, argued, Minneapolis, MN (Marie C. Skinner and Charles E. Long, on the brief), for appellee.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.

HEANEY, Circuit Judge.

M.P., a disabled student, appeals the district court's grant of summary judgment to the New Prague School District on his claim under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. We affirm the district court on his IDEA claim; remand his Section 504 claim; and find his § 1983 claim to be without merit, and therefore do not address it here.

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