This matter involved two related cases--a class action seeking substantive relief, and a second lawsuit seeking attorneys fees for the underlying administrative matter.

On March 22, 1993, the Upper Valley Association for Handicapped Citizens, on behalf of thirty-six of its members, wrote to the Board of Directors of the Blue Mountain Union School District alleging 15 violations of the IDEA and Vermont special education regulations, including failure to implement appropriate individualized education programs for its students. IDEA, which guarantees a free appropriate public education to disabled students, was created in response to a growing awareness that a majority of handicapped children in the United States "were either totally excluded from schools or were sitting idly in regular classrooms awaiting the time when they were old enough to drop out.

On November 1, 1994, Upper Valley brought a class action complaint, Upper Valley Assoc, et al v. Mills, et al 2:94-cv-00320-wks, on behalf of children with disabilities, their families, and supportive organizations. The complaint was filed in the U.S. District Court for the District of Vermont pursuant to 42 U.S.C. § 1983, Individuals with Disabilities Education Act (IDEA), and 20 U.S.C. § 1401 against the Vermont School District.

Having received no response from the school district, on November 1, 1994, Upper Valley filed a class action complaint, Upper Valley Association of Handicapped Citizens v. Mills, 2:94-cv-00320-wks. Plaintiffs raised four claims, all alleged violations of rights secured by the IDEA or by Vermont's corresponding special education regulations. The complaint focused on a systemic failure on the part of defendants to conform to the procedural requirements set forth in the IDEA and further developed in federal regulations. They specifically asserted that defendants failed (1) to develop and implement procedures to ensure the timely conduct of an investigation and the issuance of a written decision; (2) to develop procedures affording adequate relief to successful complainants; (3) to take affirmative action to correct instances of noncompliance with the IDEA; and 4) to develop and implement appropriate procedures in accordance with Vermont's special education regulations.

Relatedly, on June 29, 1995, the plaintiffs filed another complaint (Upper Valley Association for Handicapped Citizens v. Blue Mountain Union, 2:95-cv-00207-wks, seeking reimbursement of costs, including reasonable attorneys' fees, that they expended in the course of the administrative complaint process. Both parties filed cross-motions for summary judgment.

In the class action, defendants filed a motion to dismiss on August 29, 1995. The court (Judge William Sessions III), however, denied dismissal on May 1, 1996. 928 F.Supp. 429. On July 17, 1997, the court granted the plaintiffs class action certification. 168 F.R.D. 167. The parties then settled, and on July 28, 1997, a hearing was held to review the settlement terms; the court approved a consent decree. The consent decree is not available.

In the related fees case, on July 24, 1997, the court granted partial summary judgment for the plaintiffs to be awarded attorneys' fees, and denied the defendant's motion for summary judgment. 973 F.Supp. 429. On January 13, 1998, the case was dismissed by stipulation; presumably the matter settled.

Ginny Lee - 03/06/2017


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