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L.B. EX REL. K.B. v. NEBO SCHOOL DIST.

No. 02-4169.

379 F.3d 966 (2004)

L.B., and J.B., on behalf of K.B., Plaintiffs-Appellants, v. NEBO SCHOOL DISTRICT; Nebo Board of Education; Collin Allan, as President of Nebo Board of Education; Utah State Office of Education; Steven O. Laing, Ed.D., as State Superintendent of Public Instruction; Mae Taylor, as State Director of Services for At Risk Students, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 11, 2004.

Attorney(s) appearing for the Case

Gary S. Mayerson, Mayerson & Associates, New York, NY, for Plaintiffs-Appellants.

Brent A. Burnett, Assistant Attorney General (Mark L. Shurtleff, Utah Attorney General, Alain Balmanno, Peggy E. Stone, Assistant Attorneys General, with him on the brief), Salt Lake City, UT, for Defendants-Appellees.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs-Appellants L.B. and J.B. are the parents of K.B., a child who was diagnosed with autism spectrum disorder in 1997. After several meetings and the establishment of K.B.'s individualized education program ("IEP"), which is required by the Individuals with Disabilities in Education Act ("IDEA"), the Nebo School District ("Nebo") offered to place K.B. in the Park View Special Education Preschool ("Park View"...

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