Disability Law Ctr. v. Anchorage Sch. Dist., No. 08-35057

In an action by a child protection agency seeking contact information for the guardians or legal representatives of students in a special education class in which mistreatment of students was alleged, dismissal of the action is reversed where: 1) the district court erred in holding that probable cause under the Developmental Disabilities Act (DD Act) required some showing that abuse and neglect were ongoing or likely to recur; and 2) the Federal Educational Rights and Privacy Act did not override plaintiff's authority under the DD Act to demand guardian or representative contact information from the school district.

Read Disability Law Ctr. v. Anchorage Sch. Dist., No. 08-35057

Appellate Information

Argued and Submitted February 11, 2009

Filed September 9, 2009

Judges

Opinion by Judge Farris

Counsel

For Appellant:

Megan K. Allison, Disability Law Center of Alaska, Anchorage, AK

Holly Johanknecht, Disability Law Center of Alaska, Anchorage, AK

For Appellee:

Bradley D. Owens, Jermain, Dunnagan & Owens, Anchorage, AK

Cheryl Mandala, Jermain, Dunnagan & Owens, Anchorage, AK