Case: In the matter of mediation between [] and other similarly situated and East Baton Rouge Parish School System

No Court

Filed Date: May 10, 2006

Closed Date: 2009

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Case Summary

On May 10th, 2006, the Southern Poverty Law Center filed an administrative complaint with the Louisiana Department of Education on behalf of several students of the East Baton Rouge Public School system with Emotional Disturbances (ED) claiming violations of the Individuals with Disabilities Education Improvement Act (IDEA). The complainants asked for systematic changes that would benefit all students with ED as well as individualized support to offset the previous disadvantages of the specific…

On May 10th, 2006, the Southern Poverty Law Center filed an administrative complaint with the Louisiana Department of Education on behalf of several students of the East Baton Rouge Public School system with Emotional Disturbances (ED) claiming violations of the Individuals with Disabilities Education Improvement Act (IDEA). The complainants asked for systematic changes that would benefit all students with ED as well as individualized support to offset the previous disadvantages of the specific plaintiffs.

Specifically the students claimed that the school did not make appropriate changes to their Individualized Education Plans (IEPs) when they would have been necessary and appropriate, and that they were not educated in the Least Restrictive Environment (LRE), causing them to effectively be removed from a track that would lead to successful graduation.

On September 18th, 2006 the students and the school district came to a mediation agreement. In the agreement, the defendant agreed to the hiring of team of Positive Behavioral Interventions and Supports experts to develop and implement staff training for all schools with ED children, to reduce the number of suspensions and expulsions of children with ED, to comply strictly with the IDEA's disciplinary requirements, to better place children with ED in their LREs, and to grant access to intensive reading and math support for children with ED who are at least two years behind their grade level. In addition, the defendant agreed to provide individualized tutoring to the plaintiffs that were harmed by the absence of the aforementioned improvements in the previous school years.

People


Attorney for Plaintiff

Bowie, Courtney A. (Alabama)

Comstock-Galagan, James E. (Louisiana)

Linares, Hector A. (Louisiana)

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Documents in the Clearinghouse

Document

[Complaint]

Sept. 18, 2006

Sept. 18, 2006

Complaint

Mediation Agreement

Sept. 18, 2006

Sept. 18, 2006

Settlement Agreement

Docket

Last updated Aug. 30, 2023, 1:33 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Louisiana

Case Type(s):

Education

Key Dates

Filing Date: May 10, 2006

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Students of the East Baton Rouge Public School system with emotional disturbances.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

East Baton Rouge Parish School System (East Baton Rouge), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Special Case Type(s):

Out-of-court

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2008 - 2009

Content of Injunction:

Remedial education

Issues

Disability and Disability Rights:

Special education

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run