On August 11, 2004, Protection and Advocacy for Persons with Disabilities of the State of Connecticut (OPA) filed a lawsuit in the United States District Court for the District of Connecticut against the Hartford Board of Education and the Hartford Public Schools. The lawsuit challenged the refusal of the Board of Education to release identifying information for the parents and guardians of students attending the Hartford Transitional Learning Academy (HTLA), a school for seriously emotionally disturbed children. OPA sought this information so it could obtain releases from the parents and guardians in order to conduct an investigation of allegations of abuse and neglect against students. The complaint alleged violations of the Protections and Advocacy of Individuals with Mental Illness Act of 1986, the Developmental Disabilities Assistance and Bill of Rights Act, and the Protection and Advocacy of Individual Rights Act (PAIR).

On February 7, 2005, the district court (Judge Janet C. Hall) granted plaintiff's Motion for a Permanent Injunction and ordered defendants to grant OPA with physical access to the students at HTLA and with names and contact information necessary to conduct an investigation. Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649 (D. Conn. 2005). The United States Court of Appeals for the Second Circuit (Judge Sonia Sotomayor) affirmed the decision on September 15, 2006. Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 464 F.3d 229 (2d Cir. 2006).

Angela Heverling - 05/25/2007


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