N.B.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

N.B. and C.B., individually and as  the parents of C.B., a minor, Plaintiffs-Appellants, No. 07-35018 v. HELLGATE ELEMENTARY SCHOOL  D.C. No.

CV-05-00089-DWM

DISTRICT, by and through its

OPINION

BOARD OF DIRECTORS, MISSOULA

COUNTY, MONTANA,

Defendant-Appellee.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, Chief District Judge, Presiding

Argued and Submitted May 9, 2008—Seattle, Washington

Filed September 4, 2008

Before: Arthur L. Alarcón, Susan P. Graber, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Judge Alarcón

12155 12160 N.B. v. HELLGATE ELEMENTARY

COUNSEL

Andrée Larose, Montana Advocacy Program, Helena, Mon- tana, for the plaintiffs-appellants.

Elizabeth A. Kaleva, Missoula, Montana, for the defendant- appellee.

Brett M. Schuman, Morgan, Lewis, & Bockius LLP, San Francisco, California, for amici curiae.

OPINION

ALARCÓN, Circuit Judge:

I

Appellants, minor C.B. and his parents (collectively “Ap- pellants”), allege that Hellgate Elementary School District (“Hellgate”) violated the Individuals with…