University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Vaughn G. v. Mayor and City Council of Baltimore ED-MD-0001
Docket / Court 1:84-cv-01911-MJG ( D. Md. )
State/Territory Maryland
Case Type(s) Disability Rights-Pub. Accom.
Education
Special Collection Court-ordered receiverships
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
In 1984, the Maryland Disability Law Center ("MDLC") filed this class action lawsuit in the United States District Court for the District of Maryland on behalf of several students with disabilities who lived in Baltimore, Maryland. The Plaintiffs, represented by attorneys from the MDLC and private ... read more >
In 1984, the Maryland Disability Law Center ("MDLC") filed this class action lawsuit in the United States District Court for the District of Maryland on behalf of several students with disabilities who lived in Baltimore, Maryland. The Plaintiffs, represented by attorneys from the MDLC and private counsel, sought declaratory and injunctive relief, and monetary damages, claiming that the Baltimore public school system had violated their rights under the Individuals with Disabilities Education Act. Specifically, the Plaintiffs alleged that the school system had failed to conduct assessments for thousands of students with disabilities, and also failed to create sufficient Individualized Education Plans ("IEPs") for such students.

In 1988, the Parties reached a settlement agreement which was aimed at getting the school system up to compliance with state and federal law. The bulk of this settlement agreement was focused on referrals, evaluations, the placement of newly identified and existing students, and the provision of services. The City, however, did not keep up with the goals of the settlement agreement, which landed the case back in court for another settlement agreement in 1992. This agreement allowed for more precise tracking of goals, requiring a computer tracking system to track the school system's progress with evaluations and implementation of IEPs. The court also appointed a monitor and retained jurisdiction for Plaintiffs' complains of noncompliance.

By 1994, the City was still not in compliance with the settlement agreement, causing the Court to add the Maryland Department of Education as a defendant, and to impose a new requirement that the defendants produce quarterly reports to be compiled by a new independent management oversight team. The court also implemented a new, highly specified plan aimed at revamping the entire education system in order to ensure compliance with the settlement agreement. The six areas covered by this plan were inclusion, personnel, instruction, communication, finance, and compliance.

After years of struggling with compliance, and several sanctions from the Court, the defendants agreed to even more specific goals in May of 2000, which were aimed at increasing the percentage of students with disabilities who graduate from the school system, and at getting the school system to 100% compliance with IDEA. The defendants made significant progress from 2000 to 2002, however, the litigation continued because the defendants still had not reached full compliance.

In March 2010, the parties agreed upon what proved to be a final Consent Decree, in which the defendants were required to continue to improve services for students with disabilities. The Decree included a probationary period, which ended in September 2012. On September 20, 2012, the defendants were deemed to be in full compliance with the Consent Decree, and per the 2010 agreement, the litigation is now closed.

Per state law, the defendants will now enter into the same reporting relationship with the Maryland State Department of Education that is required of every district in the state.

Joshua Arocho - 10/01/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Goals and Timekeeping
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Receivership
Recordkeeping
Reporting
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
General
Classification / placement
Funding
Individualized planning
Record-keeping
Special education
Staff (number, training, qualifications, wages)
Medical/Mental Health
Intellectual/Developmental Disability
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Defendant(s) Baltimore City Public School System
Maryland Department of Education
Mayor and City Council of the City of Baltimore
Plaintiff Description All students with disabilities in the Baltimore City Public School System.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2010 - 2012
Case Closing Year 2012
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Docket(s)
1:84−cv−01911 (D. Md.) 12/02/2011
ED-MD-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 07/08/1997 (117 F.3d 1415)
ED-MD-0001-0001.pdf | WESTLAW| LEXIS | Detail
Case Summary 03/01/2004
ED-MD-0001-0002.pdf | Detail
News Article ["Case Almost Closed"] 03/17/2010
ED-MD-0001-0003.pdf | Detail
After Nearly Three Decades, City Schools Fully Emerges from Vaughn G. Litigation 09/20/2012
ED-MD-0001-0004.pdf | Detail
Document Source: Defendant or Defendant's Counsel
Judges Garbis, Marvin J. (D. Md.)
ED-MD-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Andalman, Elliottt Denbo (Maryland)
ED-MD-0001-9000
Berlow, Robert Irving (Maryland)
ED-MD-0001-9000
Boyd, Karen F (District of Columbia)
ED-MD-0001-9000
De Palma, Winifred R (Maryland)
ED-MD-0001-9000
Freeman, Andrew D. (Maryland)
ED-MD-0001-9000
Guy, Jonathan P. (District of Columbia)
ED-MD-0001-9000
Hairston, Abbey Gail (Maryland)
ED-MD-0001-9000 | ED-MD-0001-9000
Hettleman, Kalman R (Maryland)
ED-MD-0001-9000
Hunter, Janice Kay Johnson (Maryland)
ED-MD-0001-9000
Lipps, Andrew L. (District of Columbia)
ED-MD-0001-9000
Lotterman, Thomas Richard (District of Columbia)
ED-MD-0001-9000
Margolis, Leslie Seid (Maryland)
ED-MD-0001-9000
McCallum, Elizabeth B. (District of Columbia)
ED-MD-0001-9000
McKenna, Luanne P (Maryland)
ED-MD-0001-9000
Michael, Helen (District of Columbia)
ED-MD-0001-9000
Murphy, William H. III (Maryland)
ED-MD-0001-9000
Ney, Steven (Maryland)
ED-MD-0001-9000
Ngau, Timothy A (District of Columbia)
ED-MD-0001-9000
Reed, Thomas A. (District of Columbia)
ED-MD-0001-9000
Schoen, Elliot L (Maryland)
ED-MD-0001-9000
Webber, William Lee (District of Columbia)
ED-MD-0001-9000
Wulkan, Donna (District of Columbia)
ED-MD-0001-9000
Defendant's Lawyers Bryson, John M II (District of Columbia)
ED-MD-0001-9000
Cannon, Evelyn O. (Maryland)
ED-MD-0001-9000
Cloutier, Valerie V (Maryland)
ED-MD-0001-9000
Colette, Elizabeth (Maryland)
ED-MD-0001-9000
Curran, John Joseph Jr. (Maryland)
ED-MD-0001-9000
Derr, Frank C (Maryland)
ED-MD-0001-9000
Fields, William H (Maryland)
ED-MD-0001-9000
Fletcher-Hill, Lawrence Paul (Maryland)
ED-MD-0001-9000
Goedert, Joann Grozuczak (Maryland)
ED-MD-0001-9000
Immelt, Stephen J (Maryland)
ED-MD-0001-9000
Janey, Neal M. Sr. (Maryland)
ED-MD-0001-9000
Kronmiller, Wendy A. (Maryland)
ED-MD-0001-9000
Minorini, Paul A. (District of Columbia)
ED-MD-0001-9000
Mott, Thomas Allen (Maryland)
ED-MD-0001-9000
Murray, Dana Hendricks (Maryland)
ED-MD-0001-9000
Nazarian, Douglas R. M. (Maryland)
ED-MD-0001-9000
Nolan, Margaret Ann (Maryland)
ED-MD-0001-9000
Perez-Fowler, Carmina (Maryland)
ED-MD-0001-9000
Preston, Wilbur D. Jr. (Maryland)
ED-MD-0001-9000
Sandler, Paul Mark (Maryland)
ED-MD-0001-9000
Saunders-Owing, Monzella Cheryl (Maryland)
ED-MD-0001-9000
Sneed, Maree F. (District of Columbia)
ED-MD-0001-9000
Trotta, Anthony J. (Maryland)
ED-MD-0001-9000
Weaver, Warren N (Maryland)
ED-MD-0001-9000
Woodruff, Kathryn (District of Columbia)
ED-MD-0001-9000
Other Lawyers Greidinger, Marc (Virginia)
ED-MD-0001-9000
Harlan, Sarah Pazourek (Maryland)
ED-MD-0001-9000
Neff, Christyne L. (District of Columbia)
ED-MD-0001-9000
Nesson, Jeffrey P (Maryland)
ED-MD-0001-9000
Smith, Joel A. (Maryland)
ED-MD-0001-9000
Warbasse, Bradford W. (Maryland)
ED-MD-0001-9000

- click to show/hide ALL -

new search
page permalink

- top of page -