Brenda D. Birmingham v. Omaha School Dist.

HEANEY, Circuit Judge.

Brenda Birmingham, .through her mother Rose, (“Birmingham”) appeals the district court’s dismissal of her claims brought under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400-1415 (2000); § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (2000); Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 (2000); and 42 U.S.C. § 1983 (2000). We affirm in part and reverse in part.

FACTS

Brenda Birmingham is mentally handicapped and suffers from cerebral palsy. Prior to May 25, 1995, she attended school in the Omaha School…