University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Jones v. Gov't of Virgin Islands ED-VI-0001
Docket / Court 1:84-cv-00047 ( D.V.I. )
State/Territory Virgin Islands
Case Type(s) Education
Case Summary
On February 8, 1984, a disabled student filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related ... read more >
On February 8, 1984, a disabled student filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related services. The plaintiff was represented by private counsel and the Disability Rights Center of the Virgin Islands, an advocacy organization created by Congress. The defendant was represented by the Department of Justice.

Discovery took place for over ten years. On September 21, 2001 the plaintiff moved for a temporary restraining order and a preliminary injunction to enjoin the defendant from failing to provide appropriate personnel to administer psychological services. Discovery continued for several years. The plaintiff again moved for a preliminary injunction for the same reasons on February 11, 2005. Neither of these motions were granted.

The Court finally entered a consent decree negotiated by the parties on February 20, 2007. As per theDisability Studies Quarterly, the decree required the defendant to meet Virgin Islands Family Information Network on Disabilities (USVI Child Find) requirements when referring students for special education services; develop new procedures for evaluation and eligibility for special education services; and institute a faster IEP implementation process.

The plaintiff moved to reopen the case on June 7, 2011, but this motion was denied by the Court as moot on March 14, 2012. The case is now closed.

Stella Cernak - 05/18/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Goals and Timekeeping
Preliminary relief denied
Remedial education
Student assignment
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
Mental impairment
General
Individualized planning
Special education
Type of Facility
Government-run
Causes of Action
Defendant(s) Government of the Virgin Islands
Plaintiff Description A disabled student whose school failed to adhere to her individualized education plan.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - n/a
Case Closing Year 2007
Case Ongoing No
Additional Resources
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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−00047 (D.V.I.) 03/14/2012
ED-VI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Gomez, Curtis V. Court not on record
ED-VI-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Headley-Lamont, Amelia (Virgin Islands)
ED-VI-0001-9000
Jennings, Archie (Virgin Islands)
ED-VI-0001-9000
Defendant's Lawyers Roach, Tregenza A (Virgin Islands)
ED-VI-0001-9000
Thomas-Jacobs, Carol (Virgin Islands)
ED-VI-0001-9000
Other Lawyers None on record

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