P. v. Newington Board of Education
United States Court of Appeals for the Second Circuit
546 F.3d 111 (2008)
- Written by Carolyn Strutton, JD
Facts
P. (plaintiff) was a boy with Down syndrome who attended public elementary school. P. was integrated into regular-education classrooms, but as he aged this integration became more challenging given P.’s needs and the increasing gap between P.’s abilities and those of his nondisabled peers. The Newington Board of Education (the district) (defendant) worked with P.’s parents (plaintiffs) to provide extensive support to P., including a speech pathologist, a physical therapist, an occupational therapist, special-education teachers, and one-on-one paraprofessionals. P.’s parents and the district eventually disagreed about how much time P. should spend in the regular classroom versus how much time he should be pulled out for special education. After consulting with experts, the school agreed to increase P.’s time in the classroom to approximately 80 percent. P.’s parents felt this was insufficient and brought an administrative challenge to the district’s decision. After the administrative-hearing officer held for the district, P.’s parents appealed the decision in federal district court. The district court upheld the ruling, and P.’s parents appealed.
Rule of Law
Issue
Holding and Reasoning (Katzmann, J.)
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