United States Tenth Circuit

In an action raising claims against a school district requesting equitable relief, including reimbursement for the efforts of plaintiff's mother to keep plaintiff at grade level while he was out of school, and seeking injunctive, declaratory and compensatory education, including systemic relief to ensure across New Mexico proper monitoring of children with autism and an adequate continuum of alternative placements for the child, partial judgment for both parties is affirmed in part where defendant did not either formally determine or find out that a regional or state delivery system was necessary or one or more students could best be served by a state or regional program. However, the judgment is reversed in part where the state education agency need not have been part of the administrative process here.

Appellate Information

• Decided 10/08/2010
• Published 10/08/2010

Judges

• Richard C. Cudahy

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Tara Ford, Jeffrey J. Wechsler