United States Tenth Circuit

Before a party may seek relief in federal court alleging a violation of the Individuals with Disabilities Education Act's (IDEA) substantive provisions, the party must first request an Individualized Education Plan (IEP) for the disabled child, or seek a change to a current IEP if one exists, from the agency designated to create that plan under the state's educational framework.

Appellate Information

• Decided 03/07/2007
• Published 03/08/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, SILER, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gail Stewart (Laurel Nesbitt with her on the briefs), Steven Granberg, P.A., Albuquerque, NM, for Plaintiffs-Appellants.


• For Appellees:
  
• John F. Kennedy (Samantha J. Fenrow with him on the briefs), Cuddy, Kennedy, Albetta, & Ives, LLP, Santa Fe, NM, for Defendants-Appellees.