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MOSELEY v. BD. OF EDUC. ALBUQUERQUE PUBLIC SCHOOLS

No. 06-2157.

483 F.3d 689 (2007)

Pope and Kathleen MOSELEY, as parents and next friends of P.L. Moseley, a minor and for similarly situated students, Plaintiffs-Counter-Defendants-Appellants, v. BOARD OF EDUCATION OF ALBUQUERQUE PUBLIC SCHOOLS, Defendant-Counter-Claimant-Appellee, and Public Education Department of the State of New Mexico, Defendant-Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

April 16, 2007.

Attorney(s) appearing for the Case

Gail Stewart, (Steven Granberg, P.A., and Tara Ford, Pegasus Legal Services for Children, on the brief), Albuquerque, NM, for Plaintiffs-Counter-Defendants-Appellants.

Michael L. Carrico, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, for Defendant-Counter-Claimant-Appellee.

Before KELLY, McCONNELL, and HOLMES, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant P.L. Moseley appeals from the district court's grant of judgment in favor of the Albuquerque Public Schools (APS) on his claim under the Individuals with Disabilities Education Act (IDEA) and its grant of summary judgment in favor of APS on his claims under § 504 of the Rehabilitation Act of 1973 (§ 504) and Title II of the Americans with Disabilities Act (Title II). Our jurisdiction arises under 28 U.S...

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