Filed Date: April 25, 1975
Closed Date: July 3, 2012
Clearinghouse coding complete
On April 25, 1975, the Children's Defense Fund filed this 42 U.S.C. § 1983 class action lawsuit in the United States District Court for the Northern District of Mississippi on behalf of "all school age children in the state of Mississippi who are disabled or regarded by their Local Education Agency as disabled" against the Mississippi Department of Education. The Plaintiffs, represented by private counsel and counsel from the Children's Defense Fund and the ACLU, sought declaratory and injunctive relief, claiming that the Defendants failed to provide appropriate educational opportunities to handicapped children in Mississippi.
On July 28, 1977, the Court (Judge Orma Rinehart Smith) granted summary judgment for the Plaintiffs, holding that the state had violated the Education of the Handicapped Act (20 U.S.C. §§ 1401, et seq.). This holding led to a consent decree between the parties, which was signed on January 26, 1979, and was aimed at correcting the Defendants' noncompliance with federal and state law regarding the education of handicapped children. This consent decree remained in place for over twenty years, however, due to the Defendants' noncompliance, the litigation was reopened in 2001.
This led to an amended consent decree signed by the parties on December 23, 2003. This agreement, set to expire in 2011, was updated to foster compliance with the newly passed Individuals with Disabilities Education Act (IDEA) of 1997. The agreement required the Defendants to hire consultants, to create a system for identifying handicapped children and creating Individualized Education Plans (IEPs) in order to create the Least Restrictive Environment for the education of handicapped children. It also required extensive monitoring and reporting, as well as the implementation of non-discriminatory assessment/evaluation procedures.
On July 3, 2012, the Parties, being satisfied with the steps taken by the Defendants, moved for dismissal with prejudice of the 2003 Amended Consent Decree. On December 10, 2012, the court granted the motion to dismiss, ordering the case dismissed with prejudice. The court praised the defendant's efforts, saying they had increased educational outcomes for all students in Mississippi. Because of the positive changes, the court granted the motion to dismiss.
Summary Authors
Joshua Arocho (7/24/2012)
Erin Chapman (2/5/2015)
Bowie, Courtney (New York)
Bridges, Billy G. (Mississippi)
Carlson, George C. Jr. (Mississippi)
Comstock-Galagan, Jim (Mississippi)
Ebb, Nancy (District of Columbia)
Mills, Michael P. (Mississippi)
Smith, Orma Rinehart (Mississippi)
Bridges, Billy G. (Mississippi)
Carlson, George C. Jr. (Mississippi)
Comstock-Galagan, Jim (Mississippi)
Ebb, Nancy (District of Columbia)
Edelman, Marion Wright (Massachusetts)
Freeland, Thomas H. III (Mississippi)
Lipton, Linda (District of Columbia)
May, A. Cinclair (Mississippi)
McDade, Helen J. (Mississippi)
McKenzie, William H. III (Mississippi)
Last updated March 22, 2024, 3 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Mississippi
Case Type(s):
Key Dates
Filing Date: April 25, 1975
Closing Date: July 3, 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All school age children in the state of Mississippi who are disabled or regarded by their Local Education Agency as disabled
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Mississippi Department of Education, State
Defendant Type(s):
Case Details
Causes of Action:
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1979 - 2012
Content of Injunction:
Goals (e.g., for hiring, admissions)
Issues
General:
Staff (number, training, qualifications, wages)
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: