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J.P. BY OGDEN v. BELTON SCHOOL DIST. NO. 124

No. 21-3048.

40 F.4th 887 (2022)

J.P., BY Next Friend Alisha OGDEN, Plaintiff-Appellant v. BELTON SCHOOL DISTRICT NO. 124, Defendant-Appellee Missouri State Board of Education, and Department of Elementary and Secondary Education; Office of Special Education, Defendants Council of Parent Attorneys and Advocates, Inc.; Disability Rights Arkansas, Inc.; Disability Rights Education & Defense Fund; Disability Rights Iowa; Disability Rights South Dakota; Minnesota Disability Law Center; National Disability Rights Network, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2022.

Attorney(s) appearing for the Case

Will Hack , Attorney, Missouri Protection & Advocacy Services, Saint Louis, MO, Lisa Michelle Sutherland , Missouri Protection & Advocacy Services, Kansas City, MO, for Plaintiff-Appellant.

Patrick J. Brazill , Joshua Elliot Douglass , Mickes & O'Toole, Saint Louis, MO, for Defendant-Appellee.

Selene Almazan-Altobelli , Council of Parent Attorneys and Advocates, Towson, MD, Catherine Merino Reisman , Reisman & Carolla, Haddonfield, NJ, for Amici on Behalf of Appellant(s) Council of Parent Attorneys and Advocates, Inc., Disability Rights Arkansas, Inc., Disability Rights Education & Defense Fund, Disability Rights Iowa, Disability Rights South Dakota, Minnesota Disability Law Center, National Disability Rights Network.

Before LOKEN, KELLY, and KOBES, Circuit Judges.

The parties to this matter—Alisha Ogden, on behalf of her son J.P., and the Belton School District—disagree about the appropriate school placement for J.P. pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. Ogden appeals the decision of the district court

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