University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name P.V. v. School District of Philadelphia ED-PA-0003
Docket / Court 2:11-cv-04027-LDD ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Disability Rights-Pub. Accom.
Education
Case Summary
On June 20, 2011, Philadelphia school children with autism filed a class action lawsuit against the School District of Philadelphia in the U.S. District Court for the Eastern District of Pennsylvania, under the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act (Section 504), ... read more >
On June 20, 2011, Philadelphia school children with autism filed a class action lawsuit against the School District of Philadelphia in the U.S. District Court for the Eastern District of Pennsylvania, under the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act (Section 504), the American with Disabilities Act (ADA) and relevant state law. The plaintiffs, represented by attorneys from the Public Interest Law Center of Philadelphia and private counsel, sought declaratory and injunctive relief, alleging that the District's Automatic Autism Transfer Policy was illegal under the IDEA, Section 504 and the ADA. The challenged policy routinely transferred students with autism from school to school at a certain age solely because they were disabled as a result of autism.

On October 31, 2011, the District Court (Judge Legrome D. Davis) denied the defendant's motion to strike class action allegations and motion to dismiss the suit. P.V. ex rel. Valentin v. Sch. Dist. of Philadelphia, 2011 WL 5127850 (E.D. Pa. Oct. 31, 2011).

On February 19, 2013, Judge Davis granted the plaintiffs' motion for summary judgment in part and denied it in part and granted the defendant's motion for summary judgment in part and denied in part. P.V. ex rel. Valentin v. Sch. Dist. of Philadelphia, 2013 WL 618540 (E.D. Pa. Feb. 19, 2013). The Court concluded that the policy violated the IDEA, but that it did not violate Section 504 or the ADA. The Court ordered the school district to alter its policy to meet the procedural requirements under the IDEA and provide parents the opportunity to participate in the decision-making process regarding the educational placement of their autistic children.

In addition, the Court granted the plaintiffs' motion for class certification. P.V. ex rel. Valentin v. Sch. Dist. of Philadelphia, 289 F.R.D. 227, 228 (E.D. Pa. 2013). The class included all children with autism in the School District of Philadelphia in grades Kindergarten through eight who had been transferred, were in the process of being transferred, or were at risk of being transferred, as a result of the School District's upper-leveling process, the parents and guardians of those children as well as future members of the class. The case is ongoing.

For more information, see this site .

Emma Bao - 06/05/2013


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Elementary/Secondary School
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Classification / placement
Disparate Treatment
Education
Individualized planning
Juveniles
Parents (visitation, involvement)
School/University policies
Special education
Mental Disability
Autism
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
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
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) School District of Philadelphia
Plaintiff Description Philadelphia school children with autism assigned and transferred routinely and automatically by the school district from one school to another after they complete a certain grade.
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 Litigation
Order Duration 2013 - n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Links Blackman. v. District of Columbia
http://www.bazelon.org/blackman-v-district-of-columbia/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  S.S. v. Springfield Public Schools
http://www.bazelon.org/springfield-massachusetts-school-system/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Doe v. Pasadena Unified School District
http://www.bazelon.org/doe-v-pasadena-unified-school-district/
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  A.J. v. Cesar Chavez Public Charter Schools
http://www.bazelon.org/a-j-v-cesar-chavez-public-charter-schools-et-al/
By: Bazelon Center (Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
2:11-cv-04482-LDD (E.D. Pa.)
ED-PA-0003-9000.pdf | Detail
Date: 05/22/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
ED-PA-0003-0001.pdf | Detail
Date: 06/20/2011
Source: PACER [Public Access to Court Electronic Records]
Memorandum [ECF# 23] (2011 WL 5127850) (E.D. Pa.)
ED-PA-0003-0002.pdf | WESTLAW | Detail
Date: 10/31/2011
Source: PACER [Public Access to Court Electronic Records]
Developmental Disabilities Consultation [ECF# 48-36]
ED-PA-0003-0003.pdf | Detail
Date: 06/08/2012
Source: PACER [Public Access to Court Electronic Records]
Memorandum [Class certification] and Order [ECF# 72] (289 F.R.D. 227) (E.D. Pa.)
ED-PA-0003-0005.pdf | WESTLAW| LEXIS | Detail
Date: 02/19/2013
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [including injunction] [ECF# 74] (2013 WL 618540) (E.D. Pa.)
ED-PA-0003-0004.pdf | WESTLAW | Detail
Date: 02/19/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Davis, Legrome D. Court not on record
ED-PA-0003-0002 | ED-PA-0003-0004 | ED-PA-0003-0005 | ED-PA-0003-9000
Plaintiff's Lawyers Bowers, Daniel G. (District of Columbia)
ED-PA-0003-9000
Kelly, Tara L. (Pennsylvania)
ED-PA-0003-0001 | ED-PA-0003-9000
Kerr, Sonja D. (Pennsylvania)
ED-PA-0003-0001 | ED-PA-0003-9000
Krause, Cheryl Ann (Pennsylvania)
ED-PA-0003-0001 | ED-PA-0003-9000
Rubin, Jeffrey W. (Pennsylvania)
ED-PA-0003-9000
Stanoch, David J. (Pennsylvania)
ED-PA-0003-9000
Woodring, Darla D. (Pennsylvania)
ED-PA-0003-0001 | ED-PA-0003-9000
Defendant's Lawyers Smith, David (Pennsylvania)
ED-PA-0003-9000
Wanger, Benjamin D. (Pennsylvania)
ED-PA-0003-9000

- click to show/hide ALL -

new search
page permalink

- top of page -