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DIAZ-FONSECA v. PUERTO RICO

Nos. 05-1301, 05-1472.

451 F.3d 13 (2006)

Marta DIAZ-FONSECA, on her own behalf and on behalf of her minor daughter; Lyssette Cardona-Daz, Minor, Plaintiffs, Appellees, v. Commonwealth of PUERTO RICO; Department of Education of the Commonwealth of Puerto Rico; Csar Rey-Hernndez, in his personal capacity and as Secretary of Education of the Commonwealth of Puerto Rico; Nitza Ros-Malav, in her personal capacity and as Supervisor of the Special Education Program of Cidra School District, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 16, 2006.

Attorney(s) appearing for the Case

Doraliz E. Ortiz-de-Len, Assistant Solicitor General, Commonwealth of Puerto Rico, with whom Salvador Antonetti-Stutts, Solicitor General of Puerto Rico, and Mariana D. Negrn-Vargas and Maite D. Oronoz-Rodrguez, Deputy Solicitors General, were on brief, for appellants.

Kevin G. Little on brief for appellees.

Before TORRUELLA, Circuit Judge, HANSEN, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

A parent, Marta Díaz-Fonseca, brought suit in 2002 against the Commonwealth of Puerto Rico, its Department of Education, and two individual defendants, alleging that her child, Lyssette Cardona-Díaz, had been deprived of a free and appropriate public education ("FAPE") under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; section 504 of the Rehabilitation...

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