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GREENLAND SCHOOL DIST. v. AMY N.

Nos. 03-1668, 03-1697.

358 F.3d 150 (2004)

GREENLAND SCHOOL DISTRICT, Plaintiff-Appellee, Cross-Appellant, v. AMY N., as parent and next friend of minor daughter, Katie C.; Robert N., as parent and next friend of minor daughter, Katie C., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 2004.

Attorney(s) appearing for the Case

Scott F. Johnson, with whom Michael R. Chamberlain and Stein, Volinsky & Callighan were on brief, for appellants.

Jeanne M. Kincaid, with whom Jennifer D. Sawyer and Bernstein Shur, Sawyer & Nelson were on brief, for appellees.

Ronald K. Lospennato, with whom Wendy B. Paget was on brief, for amici curiae the Disabilities Rights Center, the New Hampshire Psychiatric Association, the Asperger's Association of New England, and the National Alliance for the Mentally Ill, New Hampshire.

Diane M. Gorrow, with whom Steven R. Sacks and Soule, Leslie, Kidder, Sayward & Loughman were on brief, for amici curiae the New Hampshire Association of Special Education Administrators, New Hampshire School Boards Association, and NEA-NH.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

In 1997 Congress significantly amended the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 1400 et seq. The 1997 Amendments, Pub.L. No. 105-17, 111 Stat. 37 (1997), reinforced the principle that children should not be removed unnecessarily from regular education environments, 20 U.S.C. § 1412(a)(5)(A), in part by eliminating "inappropriate financial incentives for referring children to special education." H...

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