United States Second Circuit

Permanent injunction against defendants school board, district, and superintendent, requiring them to provide plaintiffs: 1) access to the Hartford Transitional Learning Academy facility to observe its programs and speak with students; and 2) to a directory of Academy students and contact information for their parents or guardians in order to investigate allegations of abuse and neglect at the school, is affirmed as plaintiffs are entitled to such access and information under the Protection and Advocacy for Individuals with Mental Illness Act, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, and the Protection and Advocacy of Individual Rights Act.

Appellate Information

• Decided 09/15/2006
• Published 09/15/2006

Judges

• SOTOMAYOR, Circuit Judge., Before:  SOTOMAYOR and RAGGI, Circuit Judges, and CEDARBAUM, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter D. Keisler, Assistant Attorney General, United States Dept. of Justice, Washington, D.C.;  Kevin J. O'Connor, United States Attorney for the District of Connecticut, New Haven, Connecticut;  Gregory G. Katsas, Deputy Assistant Attorney General;  Mark B. Stern and Sharon Swingle, Attorneys, Civil Division, United States Dept. of Justice, Washington, D.C., for Amici Curiae the Department of Education and the Department of Health and Human Services., Saul P. Morgenstern, Kaye Scholer LLP, New York, New York, for Amicus Curiae National Association of Protection and Advocacy Systems, Inc., Kelly Balser, Senior Staff Attorney, Connecticut Association of Boards of Education, Wethersfield, Connecticut, for Amicus Curiae Connecticut Association of Boards of Education.


• For Appellees:
  
• Nancy B. Alisberg, Managing Attorney, Office of Protection & Advocacy for Persons with Disabilities, Hartford, Connecticut, for Plaintiffs-Appellees., Ann F. Bird, Assistant Corporation Counsel, City of Hartford, Hartford, Connecticut, for Defendants-Appellants.