Case: Upper Valley Ass'n for Handicapped Citizens v. Mills

2:94-cv-00320 | U.S. District Court for the District of Vermont

Filed Date: Nov. 1, 1994

Closed Date: July 28, 1997

Clearinghouse coding complete

Case Summary

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 educat…

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.

Summary Authors

Ginny Lee (3/6/2017)

People


Attorney for Plaintiff
Attorney for Defendant

Fassler, Paul Carl (Vermont)

Fitzhugh, John H (Vermont)

Grant, Elizabeth J. (Vermont)

Expert/Monitor/Master/Other

Kehoe, Mary P. (Vermont)

Sessions, William K. III (Vermont)

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Documents in the Clearinghouse

Document

2:94-cv-00320

Docket [PACER]

Upper Valley Assoc v. Mills

July 28, 1997

July 28, 1997

Docket

2:95-cv-00207

Docket

Upper Valley Association v. Blue Mountain Union

Jan. 14, 1998

Jan. 14, 1998

Docket
31

2:94-cv-00320

Order and Opinion

Upper Valley Association for Handicapped Citizens v. Mills

May 1, 1996

May 1, 1996

Order/Opinion
47

2:94-cv-00320

Order and Opinion

July 17, 1996

July 17, 1996

Order/Opinion

2:95-cv-00207

Order and Opinion

July 24, 1997

July 24, 1997

Order/Opinion

Docket

Last updated Feb. 28, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ; filing fee $ 120 receipt # 7465 (waiver(s) Issued) (pjd) (Entered: 06/29/1995)

June 29, 1995

June 29, 1995

2

ANSWER to [1−1] complaint by defendants Albert Depetrillo, Blue Mtn Union Sch, Blue Mtn Dist Bd Dir; stipulated discovery schedule due 9/28/95 (pjd) (Entered: 08/30/1995)

Aug. 29, 1995

Aug. 29, 1995

3

ORDER, case reassigned to Judge William K. Sessions III ( Chief Judge J. G. Murtha ) Cy to parties (epr) (Entered: 09/13/1995)

Sept. 8, 1995

Sept. 8, 1995

4

ENE LETTER re: potential evaluators sent; resp to ENE ltr due 10/24/95 (kac) (Entered: 10/05/1995)

Oct. 5, 1995

Oct. 5, 1995

5

ENE LETTER sent re: ENE Evaluator Mary Kehoe assigned (law) (Entered: 10/31/1995)

Oct. 31, 1995

Oct. 31, 1995

6

DISCOVERY CERTIFICATE: request for admissions by plaintiffs Upper Valley Assoc, Winnie Pineo (pjd) (Entered: 11/13/1995)

Nov. 13, 1995

Nov. 13, 1995

7

STIPULATED DISCOVERY ORDER setting ENE session for on or before 4/15/96 ; Discovery cutoff 3/15/96 ; Deadline for filing of all motions 5/1/96 ; ready for trial by 5/30/96 ( Judge William K. Sessions III ) Cy to parties (pjd) Modified on 11/16/1995 (Entered: 11/14/1995)

Nov. 14, 1995

Nov. 14, 1995

File sent to Burlington (law) (Entered: 11/16/1995)

Nov. 16, 1995

Nov. 16, 1995

8

DISCOVERY CERTIFICATE: interrogatories and requests for production propounded by plaintiffs Upper Valley Assoc, Winnie Pineo to defendants Albert Depetrillo, Blue Mtn Union Sch, Blue Mtn Dist Bd Dir (pjd) (Entered: 11/22/1995)

Nov. 22, 1995

Nov. 22, 1995

9

CERTIFICATE OF SERVICE: first set of interrogatories and requests to produce propounded by defendants Albert Depetrillo, Blue Mtn Union Sch, Blue Mtn Dist Bd Dir to plaintiffs Upper Valley Assoc, Winnie Pineo (pjd) (Entered: 03/15/1996)

March 15, 1996

March 15, 1996

10

CERTIFICATE OF SERVICE response to request for admissions by defendants Albert Depetrillo, Blue Mtn Union Sch, Blue Mtn Dist Bd Dir (pjd) (Entered: 03/15/1996)

March 15, 1996

March 15, 1996

12

DISCOVERY CERTIFICATE: answer to interrogatories filed by dfts Albert Depetrillo, Blue Mtn Union School and Blue Mtn Dist Bd Dir (epr) (Entered: 04/10/1996)

April 10, 1996

April 10, 1996

13

MOTION by pltfs Upper Valley Assoc & Winnie Pineo to Amend [1−1] complaint (kac) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

14

MEMORANDUM by pltfs Upper Valley Assoc & Winnie Pineo in support of [13−1] motion to Amend [1−1] complaint (kac) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

15

MOTION by pltfs Upper Valley Assoc & Winnie Pineo for class certification (kac) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

16

MEMORANDUM by pltfs Upper Valley Assoc & Winnie Pineo in support of [15−1] motion for class certification (kac) (Entered: 04/23/1996)

April 23, 1996

April 23, 1996

17

JOINT MOTION by plaintiffs Upper Valley Assoc, Winnie Pineo, Albert Depetrillo, Blue Mtn Union Sch, Blue Mtn Dist Bd Dir to Extend Time to 9/1/96 to file motions and to 10/1/96 for trial readiness (pjd) (Entered: 04/26/1996)

April 26, 1996

April 26, 1996

LETTER sent to counsel re: ene session; response due 5/13/996 (see left side of file) (law) (Entered: 04/29/1996)

April 29, 1996

April 29, 1996

ENDORSED ORDER: granting [17−1] joint motion to Extend Time to 9/1/96 to file motions and to 10/1/96 for trial readiness, motion filing deadline set for 9/3/96 ready for trial by 10/1/96 ( Judge William K. Sessions III ) (pjd) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

STIPULATION AND ORDER extending response deadline by 10 days for [15−1] motion for class certification, [13−1] motion to Amend [1−1] complaint ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 05/07/1996)

May 7, 1996

May 7, 1996

18

STIPULATION AND ORDER denying as moot stipulation to extend time by 10 days to respond to pltf's motion to amend and certify class ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 05/07/1996)

May 7, 1996

May 7, 1996

19

STIPULATION AND ORDER extending response deadline to 5/16/96 for [15−1] motion for class certification, [13−1] motion to Amend [1−1] complaint ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 05/07/1996)

May 7, 1996

May 7, 1996

20

DISCOVERY CERTIFICATE: answer to interrogatories filed by pltf Upper Valley Assoc and Winnie Pineo (epr) (Entered: 05/17/1996)

May 17, 1996

May 17, 1996

21

MOTION by pltfs Upper Valley Association and Winnie Pineo to Compel Discovery (epr) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

22

MEMORANDUM by pltfs Upper Valley Association and Winnie Pineo in support of [21−1] motion to Compel Discovery (epr) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

23

AFFIDAVIT of O. Whitman Smith by pltfs Upper Valley Association and Winnie Pineo re: [22−1] support memorandum and [21−1] motion to Compel Discovery (epr) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

24

MEMORANDUM IN RESPONSE by defendants Blue Mtn Union Sch, Blue Mtn Dist Bd Dir to [21−1] motion to Compel Discovery (law) (Entered: 06/24/1996)

June 24, 1996

June 24, 1996

25

RESPONSE by defendants Albert Depetrillo, Blue Mtn Union Sch, Blue Mtn Dist Bd Dir to [21−1] motion to Compel Discovery (law) (Entered: 06/24/1996)

June 24, 1996

June 24, 1996

26

ORDER denying motion to Compel Discovery [21−1], granting [15−1] motion for class certification, granting [13−1] motion to Amend [1−1] complaint, parties to submit proposed amendment to discovery schedule indicating date for ENE ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 07/11/1996)

July 11, 1996

July 11, 1996

27

AMENDED COMPLAINT by plaintiff Upper Valley Assoc, plaintiff Winnie Pineo , amending [1−1] complaint (pjd) (Entered: 07/11/1996)

July 11, 1996

July 11, 1996

ENDORSED ORDER: denying joint motion for relief from ENE [28−1]; postponing ENE until after resolution of forthcoming dispositive motions ( Judge William K. Sessions III ) (pjd) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

29

NOTICE OF HEARING: status conference set for 9:30 11/25/96 in Burlington Cy to parties (gmg) (Entered: 11/01/1996)

Oct. 31, 1996

Oct. 31, 1996

30

MOTION by pltfs Winnie Pineo, Upper Valley Assoc for partial summary judgment (law) (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

31

MEMORANDUM by pltfs Winnie Pineo, Upper Valley Assoc in support of [30−1] motion for partial summary judgment (law) (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

32

STATEMENT OF MATERIAL FACTS as to which there is no genuine issue to be tried re: [30−1] motion for partial summary judgment by pltfs Winnie Pineo, Upper Valley Assoc (SEE EXPANDABLE FOLDER FOR EXHIBITS) (law) (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

33

MOTION by defendant Blue Mtn Union Sch for Summary Judgment (law) (Entered: 11/06/1996)

Nov. 5, 1996

Nov. 5, 1996

34

MOTION with memorandum in support by defendant Blue Mtn Union Sch for Summary Judgment (pjd) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

35

STATEMENT OF FACTS (SEALED) re: [34−1] motion for Summary Judgment by defendant Blue Mtn Union Sch (pjd) Modified on 12/03/1996 (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

36

AFFIDAVIT of Elizabeth Grant by defendant Blue Mtn Union Sch re: [34−1] motion for Summary Judgment (pjd) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

39

MOTION (letter) by defendant Albert Depetrillo, defendant Blue Mtn Union Sch to Seal [35−1] statement of facts (pjd) Modified on 12/04/1996 (Entered: 12/03/1996)

Nov. 12, 1996

Nov. 12, 1996

37

AFFIDAVIT of Elizabeth J. Grant by dfts Albert Depetrillo & Blue Mtn Union Sch re: [34−1] motion for Summary Judgment (kac) Modified on 11/21/1996 (Entered: 11/20/1996)

Nov. 20, 1996

Nov. 20, 1996

38

MEMORANDUM by defendants Albert Depetrillo, Blue Mtn Union Sch in opposition to [30−1] motion for partial summary judgment (pjd) (Entered: 12/03/1996)

Dec. 2, 1996

Dec. 2, 1996

ENDORSED ORDER: granting [39−1] motion (letter) to Seal [35−1] statement of facts ( Judge William K. Sessions III ) Cy to parties (pjd) Modified on 12/04/1996 (Entered: 12/03/1996)

Dec. 2, 1996

Dec. 2, 1996

40

STIPULATION AND ORDER extending response deadline to [34−1] motion for Summary Judgment to 12/31/96 ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 12/11/1996)

Dec. 11, 1996

Dec. 11, 1996

41

REPLY by plaintiffs Winnie Pineo, Upper Valley Assoc to response to [30−1] motion for partial summary judgment (pjd) (Entered: 12/12/1996)

Dec. 12, 1996

Dec. 12, 1996

42

MEMORANDUM by plaintiffs Winnie Pineo, Upper Valley Assoc in opposition to [34−1] motion for Summary Judgment (pjd) (Entered: 01/02/1997)

Dec. 31, 1996

Dec. 31, 1996

44

STATEMENT OF FACTS (SEALED) re: [34−1] motion for Summary Judgment by plaintiffs Winnie Pineo, Upper Valley Assoc (pjd) Modified on 01/06/1997 (Entered: 01/02/1997)

Dec. 31, 1996

Dec. 31, 1996

43

REPLY by plaintiffs Winnie Pineo, Upper Valley Assoc to [35−1] statement of facts (pjd) (Entered: 01/03/1997)

Dec. 31, 1996

Dec. 31, 1996

45

REQUEST by plaintiffs Winnie Pineo, Upper Valley Assoc for to seal [44−1] statement of facts (pjd) Modified on 01/06/1997 (Entered: 01/03/1997)

Jan. 2, 1997

Jan. 2, 1997

46

NOTICE OF HEARING: motion hearing set for 1:30 6/13/97 for [34−1] motion for Summary Judgment, [30−1] motion for partial summary judgment Cy to parties (gmg)

May 9, 1997

May 9, 1997

48

OPINION AND ORDER ( Judge William K. Sessions III ) denying motion for Summary Judgment [34−1], granting in part, denying in part [30−1] motion for partial summary judgment, pltfs are granted 30 days in which the parents and guardian of the subclass may move to intervene, to be designated as a subclass, and to have one or more intervenors designated as representatives of the new subclass brief deadline set for 8/25/97 Cy to parties (pjd) (Entered: 07/24/1997)

July 24, 1997

July 24, 1997

49

MOTION by movants Verna Belanger, Martha Crown, Michelle VanNamee for permissive intervention , and for Certification of second subclass (pjd) Modified on 08/26/1997 (Entered: 08/25/1997)

Aug. 25, 1997

Aug. 25, 1997

50

MEMORANDUM by movants Verna Belanger, Martha Crown, Michelle VanNamee in support of [49−1] motion for permissive intervention, [49−2] motion for Certification of second subclass (pjd) Modified on 08/26/1997 (Entered: 08/25/1997)

Aug. 25, 1997

Aug. 25, 1997

ENDORSED ORDER: granting [49−1] motion for permissive intervention, granting [49−2] motion for Certification of second subclass pursuant to [48−1] opinion and order ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

51

APPLICATION by intervenor−plaintiffs Verna Belanger, Martha Crown, Michelle VanNamee for Costs (pjd) Modified on 10/29/1997 (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

52

MEMORANDUM by intervenor−plaintiffs Verna Belanger, Martha Crown, Michelle VanNamee in support of [51−1] motion for Costs (pjd) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

53

STIPULATION AND ORDER of Dismissal case closed with prejudice the parties are not required to provide formal notice to the members of the class or the designated subclass of this dismissal ( Judge William K. Sessions III ) Cy to parties (law) (Entered: 01/14/1998)

Jan. 13, 1998

Jan. 13, 1998

(law) (Entered: 01/14/1998)

Jan. 14, 1998

Jan. 14, 1998

Case Details

State / Territory: Vermont

Case Type(s):

Education

Key Dates

Filing Date: Nov. 1, 1994

Closing Date: July 28, 1997

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff Upper Valley Association for Handicapped Citizens ("the Association") is an unincorporated, non-profit association comprised of individuals with disabilities, family members, professionals and advocates, which provides informational, support, and advocacy services to individuals with disabilities and their families.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Vermont State Board of Education, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 1997 - None

Content of Injunction:

Discrimination Prohibition

Issues

Disability and Disability Rights:

Special education

Mental impairment

Type of Facility:

Government-run