University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name G.P., I.S., and E.A. v. Montgomery Public Schools ED-AL-0005
Docket / Court 11-59, 11-60, and 11-61 ( No Court )
State/Territory Alabama
Case Type(s) Disability Rights-Pub. Accom.
Education
Attorney Organization Bazelon Center
Case Summary
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 ... read more >
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.

Hope Brinn - 02/03/2020


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Issues and Causes of Action
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Issues
Content of Injunction
Hire
Implement complaint/dispute resolution process
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Education
Reasonable Accommodations
Reasonable Modifications
School/University policies
Special education
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
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
Defendant(s) Montgomery, Alabama Public Schools
Plaintiff Description Three students with emotional disturbance attending Montgomery Public Schools.
Indexed Lawyer Organizations Bazelon Center
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2011 - 2012
Filed 05/11/2011
Case Closing Year 2012
Case Ongoing No reason to think so
Additional Resources
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  Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Complaint for Due Process
ED-AL-0005-0001.pdf | Detail
Date: 05/31/2011
Montgomery Public Schools Discriminate against Children with Mental Illnesses, Say Legal Findings by Alabama Disabilities Advocacy Program and Bazelon Center
ED-AL-0005-0007.pdf | Detail
Date: 05/31/2011
Civil Rights Complaint against Montgomery Public Schools [Letter to DOJ]
ED-AL-0005-0002.pdf | Detail
Date: 07/20/2011
Report of Mary Jo Dare
ED-AL-0005-0004.pdf | Detail
Date: 07/27/2011
Report by Narell C. Joyner
ED-AL-0005-0005.pdf | Detail
Date: 07/27/2011
Affidavit of Joseph Ackerson, Ph.D.
ED-AL-0005-0006.pdf | Detail
Date: 07/27/2011
Advocates Take Montgomery Public Schools Complaint to Next Level, Department of Justice
ED-AL-0005-0008.pdf | Detail
Date: 08/09/2011
Agreement
ED-AL-0005-0003.pdf | Detail
Date: 11/14/2011
Under New Agreement, Montgomery Public Schools Will Work to Provide Better Services to Children with Mental Illnesses
ED-AL-0005-0009.pdf | Detail
Date: 11/28/2011
show all people docs
Plaintiff's Lawyers Anderson, Nancy Ellen (Alabama) show/hide docs
ED-AL-0005-0001 | ED-AL-0005-0002
Bossing, Lewis (District of Columbia) show/hide docs
ED-AL-0005-0001 | ED-AL-0005-0002
Burnim, Ira Abraham (District of Columbia) show/hide docs
ED-AL-0005-0002
Crane, Samantha (District of Columbia) show/hide docs
ED-AL-0005-0001 | ED-AL-0005-0002
Graff, Julia (District of Columbia) show/hide docs
ED-AL-0005-0001 | ED-AL-0005-0002
Sears, Shane T. (Alabama) show/hide docs
ED-AL-0005-0001
Sears, James D. (Alabama) show/hide docs
ED-AL-0005-0001
Tucker, James A. (Alabama) show/hide docs
ED-AL-0005-0002

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