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UNIFIED SCHOOL DIST. NO. 259 v. DISABILITY RIGHTS CENTER

No. 06-3057.

491 F.3d 1143 (2007)

UNIFIED SCHOOL DISTRICT NO. 259, SEDGWICK COUNTY, KANSAS, Plaintiff-Appellant, v. DISABILITY RIGHTS CENTER OF KANSAS, (DRC), Defendant-Appellee. Kansas Association of School Boards and National School Board Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

June 25, 2007.

Attorney(s) appearing for the Case

Sarah J. Loquist (Thomas R. Powell and Roger M. Theis, with her on the briefs), Hinkle Elkouri Law Firm, LLC, Wichita, KS, for Plaintiff-Appellant.

Kirk W. Lowry, Disability Rights Center of Kansas, Topeka, KS (Summer A. Duke, Disability Rights Center, Topeka, KS with him on the brief), for Defendant-Appellee.

Cynthia Lutz Kelly, Kansas Association of School Boards, Topeka, KS, filed an amici curiae brief in support of Unified School District No. 259 on behalf of amici curiae Kansas Association of School Boards and National School Board Association.

Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and KANE, District Judge.

EBEL, Circuit Judge.

This case involves a dispute about access to student records between a school district and a protection and advocacy ("P & A") agency. A P & A agency is an entity designated by the state to investigate abuse and neglect among individuals with disabilities, and through that designation it receives federal funding to provide protection and advocacy services. The school district asks us to resolve the tension between federal law that authorizes...

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