GARY S. v. MANCHESTER SCHOOL DIST.

No. 03-1211.

374 F.3d 15 (2004)

GARY S. and Sylvie S., individually and on behalf of their son Andrew S., Plaintiffs, Appellants, v. MANCHESTER SCHOOL DISTRICT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 1, 2004.


Attorney(s) appearing for the Case

Scott F. Johnson with whom Stein, Volinsky & Callaghan, PA was on brief for appellants.

Dean B. Eggert with whom Jennifer L. Murphy and Wadleigh, Starr & Peters, PLLC were on brief for appellee.

Before LIPEZ, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.


LEVIN H. CAMPBELL, Senior Circuit Judge.

Appealing from an adverse judgment of the district court, the parents of Andrew S., a disabled child who is attending a Catholic elementary school, assert that the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-87, is unconstitutional as applied to their son. While he, like other disabled children who go to private schools, receives some educational services under federal and state law, he is...

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