University of Michigan Law School
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Case Name Jones v. Gov't of Virgin Islands ED-VI-0001
Docket / Court 1:84-cv-00047 ( D.V.I. )
State/Territory Virgin Islands
Case Type(s) Education
Attorney Organization NDRN/Protection & Advocacy Organizations
Case Summary
On February 8, 1984, a student with disabilities filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing ... read more >
On February 8, 1984, a student with disabilities filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related services. The plaintiff was represented by private counsel and the Disability Rights Center of the Virgin Islands, an advocacy organization created by Congress.

Discovery took place for over ten years. On September 21, 2001 the plaintiff moved for a temporary restraining order and a preliminary injunction to enjoin the defendant from failing to provide appropriate personnel to administer psychological services. Discovery continued for several more years. The plaintiff again moved for a preliminary injunction for the same reasons on February 11, 2005. Neither of these motions were granted.

The Court finally entered a consent decree negotiated by the parties on February 20, 2007. As per the Disability Studies Quarterly, the decree required the defendant to meet Virgin Islands Family Information Network on Disabilities (USVI Child Find) requirements when referring students for special education services; develop new procedures for evaluation and eligibility for special education services; and institute a faster IEP implementation process.

The plaintiff moved to reopen the case on June 7, 2011, but this motion was denied by the Court as moot on March 14, 2012.

We do not know how long the consent decree was set to last, but there has been no further activity on the docket as of April 2020, and the case is presumably now closed.

Stella Cernak - 05/18/2014
- 01/18/2019
Jonah Feitelson - 04/09/2020


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Issues and Causes of Action
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Issues
Content of Injunction
Goals (e.g., for hiring, admissions)
Remedial education
Student assignment
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
Mental impairment
General
Individualized planning
Special education
Type of Facility
Government-run
Causes of Action
Defendant(s) Government of the Virgin Islands
Plaintiff Description A disabled student whose school failed to adhere to her individualized education plan.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - n/a
Filed 02/08/1984
Case Ongoing No reason to think so
Docket(s)
1:84−cv−00047 (D.V.I.)
ED-VI-0001-9000.pdf | Detail
Date: 03/14/2012
Source: PACER [Public Access to Court Electronic Records]
General Documents
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Judges Gomez, Curtis V. Court not on record show/hide docs
ED-VI-0001-9000
Plaintiff's Lawyers Headley-Lamont, Amelia (Virgin Islands) show/hide docs
ED-VI-0001-9000
Jennings, Archie (Virgin Islands) show/hide docs
ED-VI-0001-9000
Defendant's Lawyers Roach, Tregenza A (Virgin Islands) show/hide docs
ED-VI-0001-9000
Thomas-Jacobs, Carol (Virgin Islands) show/hide docs
ED-VI-0001-9000

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