LILLBASK EX REL. MAUCLAIRE v. CONN. DEPT. OF EDUC.

No. 03-7274.

397 F.3d 77 (2005)

Ingabritt LILLBASK, as legal guardian on behalf of Lindsey MAUCLAIRE, Plaintiff-Appellant, v. STATE OF CONNECTICUT DEPARTMENT OF EDUCATION, Theodore S. Sergi, Commissioner, Connecticut State Board of Education, Mary Gelfman, Hearing Officer, Kenneth Freeston, Superintendent of Redding Schools, and Redding Board of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 2, 2005.


Attorney(s) appearing for the Case

Winona W. Zimberlin, Hartford, Connecticut, for Plaintiff-Appellant.

Nyle K. Davey, Assistant Attorney General, for Richard Blumenthal, Attorney General for the State of Connecticut, Hartford, Connecticut, for Defendants-Appellees State of Connecticut Department of Education, Theodore Sergi, Connecticut State Board of Education, and Mary Gelfman.

Richard J. Buturla, Bercham, Moses & Devlin, P.C., Milford, Connecticut, for Defendants-Appellees Kenneth Freeston and Redding Board of Education.

Kelly D. Balser, Senior Staff Attorney (Patrice A. McCarthy, General Counsel, on the brief), Connecticut Association of Boards of Education, Wethersfield, Connecticut; Julie Underwood, General Counsel, and Naomi Gittins, Senior Staff Attorney, National School Boards Association, Alexandria, Virginia, for amici curiae Connecticut Association of Boards of Education and National School Boards Association.

Ralph F. Boyd, Jr., Assistant Attorney General (Mark L. Gross and Karl N. Gellert, Attorneys, on the brief), Civil Rights Division, Department of Justice, Washington, D.C.; Brian Jones, General Counsel, and Kala Shah Surprenant, Attorney, Office of General Counsel, United States Department of Education, Washington, D.C., for amici curiae United States and United States Department of Education.

Before: FEINBERG, KEARSE, and RAGGI, Circuit Judges.


RAGGI, Circuit Judge.

Plaintiff-appellant, Ingabritt Lillbask, the legal guardian of Lindsey Mauclaire, a disabled child, sued defendants-appellees, the Connecticut Department of Education, Commissioner Theodore S. Sergi, the Connecticut Board of Education, Hearing Officer Mary Gelfman, the Redding Board of Education, and Redding School Superintendent Kenneth Freeston (hereinafter "defendants"), for violations of both the United States and Connecticut Constitutions...

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