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J.V. v. ALBUQUERQUE PUBLIC SCHOOLS

No. 15-2071.

813 F.3d 1289 (2016)

J.V. and M. Q., on behalf of their minor child C., Plaintiffs-Appellants, v. ALBUQUERQUE PUBLIC SCHOOLS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 19, 2016.

Attorney(s) appearing for the Case

Joseph P. Kennedy ( Michael L. Timm, Jr. , with him on the briefs), Kennedy Kennedy & Ives, LLC, Albuquerque, NM, appearing for Appellants.

Emil J. Kiehne ( Jennifer G. Anderson and Megan T. Muirhead , with him on the brief), Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, appearing for Appellees.

Before HOLMES, MATHESO, and MORITZ, Circuit Judges.

When C.V. was a seven-year-old second grade student at an elementary school operated by Albuquerque Public Schools ("APS"), he was eligible for special education benefits for autism. During two hours on the morning of November 14, 2011, C.V. disrupted his class, ran away from APS staff, kicked an APS social worker, and kicked...

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