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CHAVEZ EX REL. M.C. v. NEW MEXICO PUBLIC EDUC.

Nos. 09-2063, 09-2064.

621 F.3d 1275 (2010)

Simon CHAVEZ and Beverly Chavez, on behalf of their minor son, M.C., Plaintiffs-Appellants/Cross-Appellees, v. NEW MEXICO PUBLIC EDUCATION DEPARTMENT, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

October 8, 2010.

Attorney(s) appearing for the Case

Tara Ford of Pegasus Legal Services for Children, Albuquerque, N.M. ( Gail Stewart of Steven Granberg, P.A., Albuquerque, N.M., with her on the brief), for Plaintiffs-Appellants/Cross-Appellees.

Jeffrey J. Wechsler of Montgomery and Andrews, P.A., Sante Fe, N.M. ( Stephen S. Hamilton and Sharon T. Shaheen of Montgomery and Andrews, Sante Fe, N.M., with him on the brief), for Defendant-Appellee/Cross-Appellant.

Before GORSUCH, McKAY, and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

This case is about the role of the New Mexico Public Education Department (NMPED) in a high-functioning autistic child's education. That child, M.C., was educated at home for 18 months as his parents, Simon Chavez and Beverly Nelson, and Tularosa Municipal Schools (Tularosa), their local school district, attempted to resolve their differences regarding M.C.'s education through the administrative proceedings...

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