B&I Lawyers Win School Disability Case in First Circuit

Daniel Nuzzi and Nathaniel Bessey won an ADA and Rehabilitation Act case in the U.S. Court of Appeals for the First Circuit on behalf of a school district. The court affirmed a federal district court ruling that a prior B&I victory in an IDEA due process hearing finding that the student had received FAPE (free appropriate public education) precluded the parents from pursuing their claim to have their child wear a recording device to school over the school district’s objection. The hearing officer had found that, over 12 years in school without a recording device, the Student “has been happy, has loved school, and has made continuous and significant progress.”  B&I lawyers have been litigating IDEA, disability, and First Amendment issues related to this student for 7 years, through five administrative due process hearings, two federal district court proceedings, one federal jury trial, and two federal appeals, ultimately prevailing on every issue. B&I has also handled special education issues and hearings for other school districts and the State of Maine.

The opinion in Pollack v. Regional School Unit 75 is available here.