On February 11, 2016, six students with behavior-related disabilities residing in Pasadena brought this class action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs, though their guardians, sued the Pasadena Unified School District for alleged violations of ...
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On February 11, 2016, six students with behavior-related disabilities residing in Pasadena brought this class action lawsuit in the U.S. District Court for the Central District of California. The plaintiffs, though their guardians, sued the Pasadena Unified School District for alleged violations of the Americans with Disabilities Act (42 U.S.C. §§ 12111
et seq.) and state disability statutes. The plaintiffs, represented by Mental Health Advocacy Services, the Judge L. Bazelon Center for Mental Health Law, and private counsel, sought injunctive and declaratory relief and attorney's fee. The plaintiffs claimed that the Pasadena Unified School District was systematically segregating students with behavioral issues in an alternative "therapeutic environment" in which students were subjected to arrests, forced isolations, suspension threats, and an inferior education overall. They sought a behavioral-service program within neighborhood schools to provide students with disabilities an equal education.
For the several years, the parties engaged in discovery and settlement negotiations. On October 27, 2017, the case was transferred from Judge Beverly Reid O'Connell to Judge Virginia A. Phillips.
On October 31, 2019, the court approved a settlement agreement and consent decree. The parties agreed to the appointment of neutral expert to evaluate the District's capacity, resources, and needs in several areas, including the transition of students with behavioral and mental disabilities out of segregated settings to general education campuses and the implementation of early response programs and academic support to identify and prevent behavioral problems. After the evaluation of the expert, the parties would agree on a Strategic Plan subject to a dispute resolution mechanism included within the settlement agreement. Once the parties agreed on the Strategic Plan, the neutral expert would oversee its implementation for five years, during which time the District Court would retain jurisdiction.
Additionally, the District agreed to pay each plaintiff $8,500 in compensatory damages and plaintiff's counsel $425,000 in attorney's fees.
The consent decree remains in force.
Nili Blanck - 02/06/2018
Jonah Feitelson - 04/17/2020
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