JEFFERSON COUNTY SCHOOL DIST. R-1 v. ELIZABETH E.

No. 11-1334.

702 F.3d 1227 (2012)

JEFFERSON COUNTY SCHOOL DISTRICT R-1, Plaintiff-Appellant, v. ELIZABETH E., by and through her parents, ROXANNE B. and David E., Defendant-Appellee. Colorado Association of School Boards; Kansas Association of School Boards; National School Boards Association; New Mexico School Boards Association; Oklahoma State School Boards Association; Utah School Boards Association; United States of America; National Alliance on Mental Illness; National Alliance on Mental Illness Colorado, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 28, 2012.


Attorney(s) appearing for the Case

W. Stuart Stuller ( Alyssa C. Burghardt with him on the briefs), Caplan and Earnest LLC, Boulder, CO, for Plaintiff-Appellant.

Katherine Gerland ( Eloise Henderson Bouzari with her on the briefs), Law Offices of Louise Bouzari, LLC, Englewood, CO, for Defendant-Appellee.

Erin Aslan , Attorney, U.S. Department of Justice, Civil Rights Division, Washington, D.C. ( Philip H. Rosenfelt , Acting General Counsel, U.S. Department of Education; Thomas E. Perez , Assistant Attorney General, Mark L. Gross , Attorney, U.S. Department of Justice, Civil Rights Division, Washington, D.C., with her on the brief), for the United States as Amicus Curiae supporting Appellee.

Jack D. Robinson , Spies, Powers & Robinson, P.C., Denver, CO, on the brief for Counsel for National Alliance on Mental Illness and National Alliance on Mental Illness Colorado, as Amici Curiae supporting Appellee.

Francisco M. Negrón, Jr. , General Counsel, National School Boards Association, Alexandria, VA; Joe R. Tanguma , Walsh, Anderson, Brown, Gallegos and Green, P.C., Houston, TX, on the brief for National School Boards Association, Colorado Association of School Boards, Kansas Association of School Boards, New Mexico School Boards Association, Oklahoma State School Boards Association, and Utah School Boards Association as Amici Curiae in support of Appellant.

Before MURPHY, GORSUCH, and MATHESON, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellee Elizabeth E., at all times relevant to this appeal, was a student in the Jefferson County, Colorado school system with substantial behavioral and emotional issues for which she required special education under the Individuals with Disabilities in Education Act ("IDEA" or the "Act"), 20 U.S.C. § 1400. In November 2008, Elizabeth's parents, Roxanne B. and David E. ("Parents"), enrolled her at Innercept...

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