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Case Name Noon v. Alaska State Board of Education and Early Development ED-AK-0001
Docket / Court No. A04-0057 CV (JKS) ( D. Alaska )
State/Territory Alaska
Case Type(s) Education
Case Summary
On March 16, 2004, a group of students with disabilities filed a law suit in the U.S. District Court for the District of Alaska against the Alaska State Board of Education and Early Development as violating 42 U.S.C. § 12101, 20 U.S.C. § 1400, and the Rehabilitation Act of 1973, § 794. The ... read more >
On March 16, 2004, a group of students with disabilities filed a law suit in the U.S. District Court for the District of Alaska against the Alaska State Board of Education and Early Development as violating 42 U.S.C. § 12101, 20 U.S.C. § 1400, and the Rehabilitation Act of 1973, § 794. The plaintiffs, represented by private and public counsel, sought and received class certification including all Alaska public school students with qualified disabilities. The plaintiffs asked the court for a declaratory judgment and injunctive relief, alleging that the defendant's High School Graduation Qualifying Examination (HSGQE) discriminated against students with disabilities and failed to provide an alternate assessment that leads to a standard diploma.

Specifically, the plaintiffs allege that in formulating and administering the Alaska HSGQE, Defendants failed and refused to take into account the needs of students with disabilities. Defendants restrict the plaintiffs' access to many of the most common learning accommodations available under Individualized Education Programs ("IEPs") or education plans established pursuant to Section 504 of the Rehabilitation Act of 1973. The plaintiffs allege that the HSGQE discriminates against students with disabilities because, among other problems, (1) there is no meaningful access to an alternate assessment, (2) the accommodations policies illegally burden students' rights to use the tools necessary to demonstrate their skills, and (3) the HSGQE unfairly tests disabled students on material they have never been taught.

On April 7, 2004, the plaintiffs and defendant filed a joint stipulation that allowed students with disabilities in the Class of 2004 to get a diploma without passing the HSGQE and agreed to negotiate a settlement. On January 20, 2005, the District Court (Judge James K. Singleton) granted final approval of the class settlement agreement stating that defendant was to develop equitable provisions and issue semi-annual reports to the plaintiffs' counsel for purposes of monitoring defendant's compliance.

David Cho - 09/30/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Monitoring
Recordkeeping
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
General
Individualized planning
Special education
Medical/Mental Health
Intellectual/Developmental Disability
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Declaratory Judgment Act, 28 U.S.C. § 2201
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
State law
Defendant(s) Alaska State Board of Education and Early Development
Anchorage School District
Plaintiff Description Individual students on their own behalf on behalf of all Alaska public school students with disabilities
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2005 - 2008
Case Closing Year 2005
Case Ongoing Unknown
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)
04-cv-00057 (D. Alaska) 12/05/2005
ED-AK-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Settlement Agreement
ED-AK-0001-0003.pdf | Detail
Complaint Class Action 03/16/2004
ED-AK-0001-0001.pdf | Detail
Joint Stipulation & [Proposed] Order Regarding Class Certification and Use of HSGQE Test Results 04/07/2004
ED-AK-0001-0002.pdf | Detail
State Enters Stipulation In Disabilities Class Action Lawsuit 04/07/2004
ED-AK-0001-0004.pdf | Detail
Judges Singleton, James Keith Jr. (D. Alaska)
ED-AK-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aubrejuan, Alison (California)
ED-AK-0001-0001 | ED-AK-0001-0003 | ED-AK-0001-9000
Fleurant, David C. (Alaska)
ED-AK-0001-0001 | ED-AK-0001-0002 | ED-AK-0001-0003 | ED-AK-0001-9000
Goracke, Monica (California)
ED-AK-0001-0001 | ED-AK-0001-0003 | ED-AK-0001-9000
Kerr, Sonja D. (Alaska)
ED-AK-0001-9000
Oesting, David W. (Alaska)
ED-AK-0001-0001 | ED-AK-0001-0003 | ED-AK-0001-9000
Tollafield, Stephen (California)
ED-AK-0001-0001 | ED-AK-0001-0003 | ED-AK-0001-9000
Wilson, Joan M. (Alaska)
ED-AK-0001-0001 | ED-AK-0001-0002 | ED-AK-0001-0003 | ED-AK-0001-9000
Wolinsky, Sidney M. (California)
ED-AK-0001-0001 | ED-AK-0001-0002 | ED-AK-0001-0003 | ED-AK-0001-9000
Defendant's Lawyers Comeau, Carol (Alaska)
ED-AK-0001-0003
Renkes, Gregg D. (Alaska)
ED-AK-0001-0002 | ED-AK-0001-0003
Sampson, Roger (Alaska)
ED-AK-0001-0003 | ED-AK-0001-0004
Slotnick, Stephen C. (Alaska)
ED-AK-0001-0002 | ED-AK-0001-9000
Trickey, Howard S. (Alaska)
ED-AK-0001-0002 | ED-AK-0001-9000
Truitt, G. Kenneth (Alaska)
ED-AK-0001-0002 | ED-AK-0001-9000
Other Lawyers None on record

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