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P. EX REL. MR. AND MRS. P. v. NEWINGTON BD. OF ED.

Docket No. 07-4652-cv.

546 F.3d 111 (2008)

P., by and through his Parents/Next Friends, Mr. and Mrs. P., Plaintiff-Appellant, v. NEWINGTON BD. OF ED., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 9, 2008.

Attorney(s) appearing for the Case

David C. Shaw, Bloomfield, CT, for Plaintiff-Appellant.

Mark J. Sommaruga, Sullivan, Schoen, Campane & Connon, LLC, Hartford, CT, for Defendant-Appellee.

Before: SACK and KATZMANN, Circuit Judges, RAKOFF, District Judge

KATZMANN, Circuit Judge:

This case calls upon us to adopt a standard by which courts in this circuit should assess whether a disabled child has been placed in the "least restrictive environment," as required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1412(a)(5). The plaintiff, P., suing by and through his parents, is a child with Down Syndrome attending public school in the Town of Newington, Connecticut. He contends that the 2005...

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