Filed Date: May 11, 2011
Closed Date: 2012
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On May 31, 2011, three students attending Montgomery, Alabama public school filed complaints with the Alabama Department of Education, Special Education Division on behalf of themselves and other similarly situated students. The students alleged that Montgomery Public Schools (MPS) denied petitioners and other students with emotional disturbance a free and appropriate public education under the Individuals with Disabilities Education Act (IDEA). The complainants sought injunctive relief and attorneys’ fees.
On July 20, 2011, the complainants filed a related complaint with the U.S. Department of Justice, Civil Rights Division alleging violations of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The complaint requested the Department of Justice order MPS to develop adequate systems for providing a free and appropriate education to students with emotional disturbance.
On November 17, 2011, the complainants and MPS agreed to a settlement. As a part of the settlement, MPS agreed to retain a consultant to recommend developing systems to identify and educate students with emotional disturbance. MPS agreed to pay half the costs to retain the consultant and the student complainants agreed to pay the remaining half. MPS also agreed to pay the complainants $20,000 in attorneys' fees.
Summary Authors
Hope Brinn (2/3/2020)
Anderson, Nancy Ellen (Alabama)
Bossing, Lewis (District of Columbia)
Burnim, Ira Abraham (District of Columbia)
Crane, Samantha (District of Columbia)
Ackerson, Joseph (Alabama)
Last updated Aug. 30, 2023, 1:33 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Alabama
Case Type(s):
Key Dates
Filing Date: May 11, 2011
Closing Date: 2012
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Three students with emotional disturbance attending Montgomery Public Schools.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Montgomery, Alabama Public Schools (Montgomery), County
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Amount Defendant Pays: 87,500
Order Duration: 2011 - 2012
Content of Injunction:
Implement complaint/dispute resolution process
Issues
General:
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: