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ARC OF IOWA v. REYNOLDS

4:21-cv-00264.

638 F.Supp.3d 1006 (2022)

The ARC OF IOWA; Charmaine Alexander, Individually and on Behalf of C.B.; Johnathan Craig, Individually and on Behalf of E.C. and J.C.; Michelle Croft, Individually and on Behalf of J.J.B.; Amanda Devereaux, Individually and on Behalf of P.D.; Carissa Froyum Roise, Individually and on Behalf of H.J.F.R.; Lidija Geest, Individually and on Behalf of K.G.; Melissa Hadden, Individually and on Behalf of V.M.H.; Heather Lynn Preston, Individually and on Behalf of M.P. and S.P.; Lisa Hardisty. Sithonnorath, Individually and on Behalf of A.S.; Rebekah Stewart, Individually on Behalf of E.M.S.; Erin Vercande, Individually and on Behalf of S.V., Plaintiffs, v. Kim REYNOLDS, In her Official Capacity as Governor of Iowa; Ann Lebo, In her Official Capacity as Director of the Iowa Department of Education; Ankeny Community School District; Council Bluffs Community School District; Davenport Community School District; Decorah Community School District; Denver Community School District; Des Moines Public Schools; Iowa City Community School District; Johnston Community School District; Linn Mar Community School District; Waterloo Community School District, Defendants.

United States District Court, S.D. Iowa, Central Division.

Signed November 1, 2022.

Attorney(s) appearing for the Case

Shefali Aurora , Rita N. Bettis Austen , Leah Denise Patton , ACLU OF IOWA FOUNDATION, DES MOINES, IA, Jim T. Duff , Thomas J. Duff , DUFF LAW FIRM, P.L.C., WEST DES MOINES, IA, Catherine Elizabeth Johnson , DISABILITY RIGHTS IOWA, WEST DES MOINES, IA, John Arak Freedman , ARNOLD & PORTER LLP, WASHINGTON, DC, Shira Wakschlag , THE ARC OF THE UNITED STATES, WASHINGTON, DC, Louise Frances Melling , AMERICAN CIVIL LIBERTIES UNION, NEW YORK, NY, Cynthia Ann Miller , DISABILITY RIGHTS IOWA, DES MOINES, IA, Susan Phyllis Mizner , AMERICAN CIVIL LIBERTIES UNION, SAN FRANCISCO, CA, for Plaintiffs.

Jeffrey Benjamin Dubner , Samara M. Spence , DEMOCRACY FORWARD FOUNDATION, WASHINGTON, DC, Samuel E. Jones , Caitlin Slessor , SHUTTLEWORTH & INGERSOLL P.L.C., CEDAR RAPIDS, IA, for Amici American Academy of Pediatrics, Iowa Chapter of American Academy of Pediatrics.

Timothy A. Clausen , KLASS LAW FIRM LLP, SIOUX CITY, IA, Kristy Michelle Latta , Miriam D. Van Heukelem , AHLERS & COONEY PC, DES MOINES, IA, for Defendant Council Bluffs Community School District.

Charles Joseph Holland , Crystal K. Raiber , HOLLAND, MICHAEL, RAIBER & SITTIG PLC, IOWA CITY, IA, for Defendant Iowa City Community School District.

Samuel P. Langholz , IOWA ATTORNEY GENERAL, DES MOINES, IA, Jeffrey S. Thompson , ATTORNEY GENERAL OF IOWA HOOVER STATE OFFICE BLDG, DES MOINES, IA, for Defendants Ann Lebo, Kim Reynolds.

Kristy Michelle Latta , Miriam D. Van Heukelem , AHLERS & COONEY PC, DES MOINES, IA, for Defendants Ankeny Community School District, Davenport Community School District, Decorah Community School District, Denver Community School District, Des Moines Public Schools, Johnston Community School District, Linn Mar Community School District, Waterloo Community School District.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS AND GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendants Governor Kim Reynolds and Director of the Iowa Department of Education Ann Lebo's Motion to Dismiss, ECF No. 86; Defendants Ankeny Community...

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