On September 13, 2001, seven students with disabilities, by and through their parents, filed this class-action lawsuit in the United States District Court for the Eastern District of Wisconsin against the Milwaukee Public School System ("MPS"). The plaintiffs, represented by attorneys from Disability Rights Wisconsin, claimed that MPS violated their right to a free, appropriate public education as guaranteed by the Individuals with Disabilities Education Act. Specifically, the plaintiffs claimed that they were improperly denied special education services and Individualized Education Programs ("IEPs") designed to fit their needs.

The plaintiffs' original complaint defined the class as “all school age children with disabilities who reside in the Milwaukee Public School District boundaries and who are or may be eligible for special education and related services under IDEA and Wisconsin law.” The court, however found this too broad, which prompted the plaintiffs to file an amended complaint on May 3, 2004, redefining the class as "all students eligible to receive special education from MPS who are, have been or will be denied or delayed entry into or participation in the IEP process."

On July 28, 2008, the Court (Magistrate Judge Aaron E. Goodstein) approved a Settlement Agreement signed by the parties on June 6, 2008. The agreement required MPS to conduct at least 95% of its initial evaluations within the required time period (or get proper extensions), that MPS make a reasonable effort to ensure that a parent or guardian was present at 95% of the initial IEP meetings, and that MPS make better efforts in identifying children with disabilities by monitoring school suspension patterns. The Court then appointed a monitor for a two year period to track MPS's compliance.

MPS appealed to the Seventh Circuit Court of Appeals, and the plaintiffs cross-appealed the denial of certification of their first proposed class. On February 3, 2012, the Seventh Circuit (Judge Diane S. Sykes) quickly dismissed the plaintiffs cross-appeal, noting that it was neither timely nor within the Court's jurisdiction. Turning to MPS's appeal, the Court vacated the Settlement Agreement, holding that the class never should have been certified because the plaintiffs' cases were "highly individualized and vastly diverse," thus making the case inappropriate for a class-action lawsuit. Jamie S. v. Milwaukee Public Schools, 668 F.3d 481 (7th Cir. 2012).

The Court then remanded to District Court where, as of this writing, the case remains open.

Joshua Arocho - 08/03/2012


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