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DISABILITY RIGHTS WISCONSIN, INC. v. WISCONSIN DEPT. PUBLIC INSTR.

No. 05-4171.

463 F.3d 719 (2006)

DISABILITY RIGHTS WISCONSIN, INC., Plaintiff-Appellant, v. STATE OF WISCONSIN DEPARTMENT OF PUBLIC INSTRUCTION and Elizabeth Burmaster, State Superintendent of Public Instruction, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 2006.

Attorney(s) appearing for the Case

Jeffrey Spitzer-Resnick (argued), Wisconsin Coalition for Advocacy, Madison, WI, for Plaintiff-Appellant.

Thomas C. Bellavia (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees.

Richard A. Schneider, King & Spalding, Atlanta, GA, for Amicus Curiae, National Disability Rights Network.

Steven Y. Winnick, Holland & Knight, Washington, DC, for Amicus Curiae, National Association of State Directors of Special Education.

Before CUDAHY, RIPPLE, and WOOD, Circuit Judges.

CUDAHY, Circuit Judge.

The specific issue in this appeal is whether and to what extent the State of Wisconsin Department of Public Instruction (DPI) must disclose records uncovered in its investigation into the use of "time out" or seclusion rooms for disciplining students at the Abraham Lincoln Elementary School (Lincoln) in Monroe, Wisconsin, to Disability Rights Wisconsin, Inc. (DRW)1 — the agency authorized to investigate alleged...

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