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Chavez v. New Mexico Public Education Dep't

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Before GORSUCH, McKAY, and CUDAHY,*fn1 Circuit Judges.

This case is about the role of the New Mexico Public Education Department (NMPED) in a high-functioning autistic child’s education. That child, M.C., was educated at home for 18 months as his parents, Simon Chavez and Beverly Nelson, and Tularosa Municipal Schools (Tularosa), their local school district, attempted to resolve their differences regarding M.C.’s education through the administrative proceedings of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-82(2000). Although we will recount some of the factual and procedural background, NMPED’s responsibilities to M.C. are based on several issues of statutory and regulatory interpretation and, therefore, we will not spend long on the details of the administrative proceedings which largely addressed the dispute between M.C.’s parents and Tularosa, not a party to this appeal.

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