Legal Opinion

P. Ex Rel. Mr. and Mrs. P. v. Newington Bd. of Ed.

Court of Appeals for the Second Circuit

Decided October 9, 2008No. Docket 07-4652-cvPublishedCited by 66 opinions

1Opinion of the Court

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 2005-2006 Individualized Education Plan (IEP) devised for him at his elementary school did not include enough regular-classroom time, and…

2Cases cited13 opinions

  1. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  2. Reid Ex Rel. Reid v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2005
  3. Robert Walczak and Karen Walczak v. Florida Union Free School District and Maureen FlahertyCourt of Appeals for the Second Circuit · 1998
  4. Frank G. And Dianne G., Parents of a Disabled Student, Anthony G. v. Board of Education of Hyde Park, Central School District, Docket No. 04-4981-CvCourt of Appeals for the Second Circuit · 2006
  5. Daniel R.R. v. State Board of Education, El Paso Independent School DistrictCourt of Appeals for the Fifth Circuit · 1989

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3Cited by66 opinions

  1. M.H. v. New York City Department of EducationCourt of Appeals for the Second Circuit · 2012
  2. T.M. ex rel. A.M. v. Cornwall Central School DistrictCourt of Appeals for the Second Circuit · 2014
  3. Doe Ex Rel. Doe v. East Lyme Board of EducationCourt of Appeals for the Second Circuit · 2015
  4. M.W. ex rel. S.W. v. New York City Department of EducationCourt of Appeals for the Second Circuit · 2013
  5. J.S. v. Scarsdale Union Free School DistrictDistrict Court, S.D. New York · 2011

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