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D.L. EX REL. K.L. v. BALTIMORE BD. OF SCH. COM'RS

No. 11-2041.

706 F.3d 256 (2013)

D.L., by and through his Parents and Guardians, K.L. and S.L.; K.L.; S.L., in their own right, Plaintiffs-Appellants, v. BALTIMORE City BOARD OF SCHOOL COMMISSIONERS, Defendant-Appellee, and Baltimore City Public Schools, Defendant. National School Boards Association; Maryland Association of Boards of Education; Virginia School Boards Association, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 16, 2013.

Attorney(s) appearing for the Case

ARGUED: David G.C. Arnold , West Conshohocken, Pennsylvania, for Appellants. Leslie Robert Stellman , Hodes, Pessin & Katz, PA, Towson, Maryland, for Appellee. ON BRIEF: Katharine A. Linzer , Linzer Law, LLC, Towson, Maryland, for Appellants. Tammy L. Turner , Tiffany Sharnay Puckett , Stephanie J. Robinson , City Board of School Commissioners, Baltimore, Maryland, for Appellee. Francisco M. Negrón, Jr. , National School Boards Association, Alexandria, Virginia; John F. Cafferky , Andrea D. Gemignani , Blankingship & Keith, PC, Fairfax, Virginia, for Amici Supporting Appellee.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge THACKER joined.

OPINION

GREGORY, Circuit Judge:

Appellants D.L. and his parents, K.L. and S.L., appeal the district court's grant of summary judgment to the Baltimore City Board of School Commissioners ("BCBSC") and Baltimore City Public Schools. They contend that Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("Section 504"), compels BCBSC to provide D.L. educational services related to certain disorders even...

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