University of Michigan Law School
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Case Name In the matter of mediation between [] and other similarly situated and East Baton Rouge Parish School System ED-LA-0004
Docket / Court docket unknown ( No Court )
State/Territory Louisiana
Case Type(s) Education
Attorney Organization Southern Poverty Law Center
Case Summary
On May 10th, 2006, the Southern Poverty Law Center filed an administrative complaint with the Louisiana Department of Education on behalf of several students of the East Baton Rouge Public School system with Emotional Disturbances (ED) claiming violations of the Individuals with Disabilities ... read more >
On May 10th, 2006, the Southern Poverty Law Center filed an administrative complaint with the Louisiana Department of Education on behalf of several students of the East Baton Rouge Public School system with Emotional Disturbances (ED) claiming violations of the Individuals with Disabilities Education Improvement Act (IDEA). The complainants asked for systematic changes that would benefit all students with ED as well as individualized support to offset the previous disadvantages of the specific plaintiffs.

Specifically the students claimed that the school did not make appropriate changes to their Individualized Education Plans (IEPs) when they would have been necessary and appropriate, and that they were not educated in the Least Restrictive Environment (LRE), causing them to effectively be removed from a track that would lead to successful graduation.

On September 18th, 2006 the students and the school district came to a mediation agreement. In the agreement, the defendant agreed to the hiring of team of Positive Behavioral Interventions and Supports experts to develop and implement staff training for all schools with ED children, to reduce the number of suspensions and expulsions of children with ED, to comply strictly with the IDEA's disciplinary requirements, to better place children with ED in their LREs, and to grant access to intensive reading and math support for children with ED who are at least two years behind their grade level. In addition, the defendant agreed to provide individualized tutoring to the plaintiffs that were harmed by the absence of the aforementioned improvements in the previous school years.

Kim Zhang - 03/13/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Remedial education
Defendant-type
Elementary/Secondary School
Disability
Mental impairment
General
Special education
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) East Baton Rouge Parish School System
Plaintiff Description Students of the East Baton Rouge Public School system with emotional disturbances.
Indexed Lawyer Organizations Southern Poverty Law Center
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 Private Settlement Agreement
Order Duration 2008 - 2009
Case Closing Year 2009
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)
No docket sheet currently in the collection
General Documents
[Complaint] 09/18/2006
ED-LA-0004-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Mediation Agreement 09/18/2006
ED-LA-0004-0002.pdf | Detail
Document Source: Plaintiffs' counsel
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Bowie, Courtney A. (Alabama)
ED-LA-0004-0001
Comstock-Galagan, James E. (Louisiana)
ED-LA-0004-0001
Linares, Hector A. (Louisiana)
ED-LA-0004-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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