Ellenberg Ex Rel. S.E. v. New Mexico Military Institute

LUCERO, Circuit Judge.

Bob and Karen Ellenberg, the parents of a disabled child residing in New Mexico, appeal the district court’s grant of summary judgment in favor of the New Mexico Military Institute at Roswell and its Board of Regents (collectively referred to as “NMMI”) on their claims under the Individuals with Disabilities Education Act (“IDEA”), the Americans with Disabilities Act (“ADA”), and § 504 of the Rehabilitation Act (“RA”). They argued that NMMI’s denial of their child’s application for admission violated all three statutes, and sought a declaration from the district court…