ST. JOHNSBURY ACADEMY v. D.H.

No. 99-9512.

240 F.3d 163 (2001)

ST. JOHNSBURY ACADEMY, Plaintiff-Counterclaim-Defendant-Appellant, v. D.H., Defendant-Counterclaimant-Cross-Claimant-Appellee, St. Johnsbury School District, Defendant-Cross-Defendant-Appellee, State of Vermont, Department of Education, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term: 2000.

Decided: February 15, 2001.


Attorney(s) appearing for the Case

Charles N. Hurt, Jr., Downs, Rachlin & Martin, St. Johnsbury, VT, for Plaintiff-Counterclaim-defendant-Appellant.

Eileen M. Blackwood, Blackwood Associates, P.C., Burlington, VT (Stacey F. Joroff, Vermont Legal Aid, Inc., St. Johnsbury, VT, on the brief), for Defendant-Counterclaimant-Cross-Claimant-Appellee D.H.

Edward R. Zuccaro, Zuccaro, Willis & Bent, St. Johnsbury, VT, for Defendant-Cross-Defendant-Appellee St. Johnsbury School District.

Geoffrey A. Yudien, Special Assistant Attorney General, State of Vermont Department of Education (William H. Sorrell, Attorney General, Montpelier, VT, on the brief), for Defendant-Appellee State of Vermont, Department of Education.

David D. Wilson, Dorset, VT, for Amicus Curiae Vermont Independent Schools Association.

Before McLAUGHLIN, JACOBS, and STRAUB, Circuit Judges.


JACOBS, Circuit Judge:

The St. Johnsbury School District ("the District"), which has no public high school, pays tuition for local students to attend either the St. Johnsbury Academy ("the Academy"), a private high school located in the town, or certain high schools outside the District. This case arose after the Academy refused to assign a disabled town resident to the Academy's mainstream, ninth grade academic classes because he did not meet the Academy's requirement...

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