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.
Argued and Submitted February 11, 2009
Filed September 9, 2009
Opinion by Judge Farris
Megan K. Allison, Disability Law Center of Alaska, Anchorage, AK