MR. I. EX REL. L.I. v. ME. SCH. ADMN. DIST. NO. 55

Nos. 06-1368, 06-1422.

480 F.3d 1 (2007)

MR. I., as parent and next friend of L.I., a minor; Mrs. I., as parent and next friend of L.I., a Minor, Plaintiffs, Appellees/Cross-Appellants, v. MAINE SCHOOL ADMINISTRATIVE DISTRICT NO. 55, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided March 5, 2007.


Attorney(s) appearing for the Case

Eric R. Herlan with whom Drummond Woodsum & MacMahon, was on brief, for appellant/cross appellant.

Richard L. O'Meara with whom Amy M. Sneirson, Staci K. Converse and Murray, Plumb & Murray, were on brief, for appellees/cross-appellees.

Diane C. Smith, on brief for amici curiae Autism Society of Maine, Council of Parent Advocates and Attorneys, Disability Rights Center, and National Disability Rights Network.

Brendan P. Rielly and Jensen Baird Gardner & Henry, on brief for amici curiae Maine School Management Association, Maine Education Association, Maine Administrators of Services for Children with Disabilities, and Maine Principals' Association.

Frank D'Alessandro and Kids Legal at Pine Tree Legal Assistance, on brief for amici curiae Asperger's Association of New England.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.


HOWARD, Circuit Judge.

This case presents an issue of eligibility for benefits under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (Supp.2006) (the "IDEA"). We have previously noted that such issues can require a "difficult and sensitive" analysis. Greenland Sch. Dist. v. Amy N., 358 F.3d 150, 162 (1st Cir.2004) (not reaching the eligibility question). This case is no exception. The appellant...

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