Timothy W. v. Rochester, New Hampshire School District

Appeal from the United States District Court for the District of New Hampshire, Hon. Martin F. Loughlin, U.S. District Judge.

Ronald K. Lospennato, Disabilities Rights Center, Inc., for Appellant.

William R. Yeomans, Department of Justice, with whom Wm. Bradford Reynolds, Assistant Attorney General, Roger Clegg, Deputy Assistant Attorney General, and Jessica Dunsay Silver, Department of Justice, were on brief for the United States, Amicus Curiae.

John D. MacIntosh and Epstein, Burke, MacIntosh & Devito, P.A., on brief for The Association for Retarded Citizens of the United States and The Association for Retarded Citizens of New Hampshire, Amici Curiae.

Frank J. Laski and Judith A. Gran, Public Interest Law Center of Philadelphia, on brief for TASH: The Association for Persons with Severe Handicaps, TASH: New England, and The National Association of Protection and Advocacy Systems, Amici Curiae.

Kathleen B. Boundy, Center for Law and Education, Inc., on brief for Senators Harkin, Weicker, Simon, and Stafford, Amici Curiae.

Gerald M. Zelin with whom Soule, Leslie, Zelin. Sayward & Loughman was on brief for Appellee.

Gwendolyn H. Gregory, Deputy General Counsel, August W. Steinhilber, General Counsel, and Thomas A. Shannon, Executive Director, on brief for the National School Boards Association, Amicus Curiae.

Bradley F. Kidder, Edward E. Lawson and Bradley F. Kidder Law Firm on brief for the New Hampshire School Boards Association, Amicus Curiae.

Bownes, Aldrich, and Breyer, Circuit Judges.