Legal Opinion

Diaz-Fonseca v. Commonwealth of PR

Court of Appeals for the First Circuit

Decided June 16, 2006No. 05-1301, 05-1472PublishedCited by 236 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

A parent, Marta Diaz-Fonseca, brought suit in 2002 against the Commonwealth of Puerto Rico, its Department of Education, and two individual defendants, alleging that her child, Lyssette Cardona-Diaz, had been deprived of a free and appropriate public education (“FAPE”) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; section 504 of the Rehabilitation Act, 29 U.S.C. § 794; Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134; and Puerto Rico law.

The underlying dispute concerns whether the public schools are…

2Cases cited50 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  5. City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981

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3Cited by236 opinions

  1. School Union No. 37 v. United National InsuranceCourt of Appeals for the First Circuit · 2010
  2. Dewayne Bearchild v. Kristy CobbanCourt of Appeals for the Ninth Circuit · 2020
  3. D.B. Ex Rel. Elizabeth B. v. EspositoCourt of Appeals for the First Circuit · 2012
  4. Stanek v. St. Charles Community Unit School District 303Court of Appeals for the Seventh Circuit · 2015
  5. Guillemard-Ginorio v. Contreras-GomezCourt of Appeals for the First Circuit · 2009

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