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D.B. EX REL. ELIZABETH B. v. ESPOSITO

No. 10-2184.

675 F.3d 26 (2012)

D.B., a minor, by his next friend and mother ELIZABETH B.; Elizabeth B.; David B., Plaintiffs, Appellants, v. Kirsten ESPOSITO, both individually and in her role as former Director of Special Education for the Sutton School District, f/k/a Kirsten Brunsell; Cecilia DiBella, both individually and in her role as Superintendent of Schools for the Sutton School District; Sutton School District; Sutton School Committee; Massachusetts Department of Education, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 23, 2012.

Attorney(s) appearing for the Case

David R. Bohanan for appellant.

David S. Lawless and Regina Williams Tate , with whom Nancy Frankel Pelletier , Robinson Donovan, P.C., and Murphy, Hesse, Toomey & Lehane, LLP were on brief, for appellees Kirsten Esposito, Cecilia DiBella, Sutton School District, and Sutton School Committee.

Julie B. Goldman , Assistant Attorney General, with whom Martha Coakley , Attorney General, was on brief, for appellee Massachusetts Department of Education.

Before LYNCH, Chief Judge, LIPEZ and THOMPSON, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to examine the rights of a disabled child under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1491, and to assess whether the child and his parents have raised triable discrimination or retaliation claims under other provisions of federal law.

D.B. is a disabled child who lives with his parents in Sutton, Massachusetts. From 1999 until 2005, D.B. was a student in the Sutton...

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