STATE OF CONNECTICUT OFFICE OF PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES and James McGaughey, Executive Director, State of Connecticut, Office of Protection & Advocacy for Persons with Disabilities, Plaintiffs-Appellees,
v.
HARTFORD BOARD OF EDUCATION, Hartford Public Schools and Robert Henry, Supt. of Schools, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: February 28, 2006.
Final Submission: June 20, 2006.
Decided: September 15, 2006.
Attorney(s) appearing for the Case
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.
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.
Before: SOTOMAYOR and RAGGI, Circuit Judges, and CEDARBAUM, District Judge.
United States Court of Appeals, Second Circuit.
SOTOMAYOR, Circuit Judge.
This appeal raises the question of whether the Protection and Advocacy for Individuals with Mental Illness Act ("PAIMI"), 42 U.S.C. §§ 10801-10851 (2000),1 the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ("DD Act"), 42 U.S.C. §§ 15001-15115 (2000), and the Protection and Advocacy of Individual Rights Act ("PAIR"), 29 U.S.C...
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