United States Ninth Circuit

In an action by a child protection agency seeking contact information for the guardians or legal representatives of students in a special education class in which mistreatment of students was alleged, dismissal of the action is reversed where: 1) the district court erred in holding that probable cause under the Developmental Disabilities Act (DD Act) required some showing that abuse and neglect were ongoing or likely to recur; and 2) the Federal Educational Rights and Privacy Act did not override plaintiff's authority under the DD Act to demand guardian or representative contact information from the school district.

Appellate Information

• Argued 08/03/2009
• Decided 09/09/2009
• Published 09/09/2009

Judges

• Before JEROME FARRIS, DAVID R. THOMPSON and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Megan K. Allison and Holly Johanknecht, Disability Law Center of Alaska, Anchorage, AK, for the plaintiff-appellant., J. Daniel Sharp, Folger, Levin, & Kahn, San Francisco, CA, for the Amicus., Francisco Maria Negron Jr., General Counsel, Alexandria, VA, for the Amicus.


• For Appellees:
  
• Bradley D. Owens and Cheryl Mandala, Jermain, Dunnagan & Owens, Anchorage, AK, for the defendant-appellee.