Case: G.P., I.S., and E.A. v. Montgomery Public Schools

11-59, 11-60, and 11-61 | No Court

Filed Date: May 11, 2011

Closed Date: 2012

Clearinghouse coding complete

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 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 att…

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)

People


Attorney for Plaintiff

Anderson, Nancy Ellen (Alabama)

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Crane, Samantha (District of Columbia)

Expert/Monitor/Master/Other

Ackerson, Joseph (Alabama)

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Documents in the Clearinghouse

Document

Montgomery Public Schools Discriminate against Children with Mental Illnesses, Say Legal Findings by Alabama Disabilities Advocacy Program and Bazelon Center

May 31, 2011

May 31, 2011

Press Release

Complaint for Due Process

[Redacted] v. Montgomery Public Schools

May 31, 2011

May 31, 2011

Complaint

Civil Rights Complaint against Montgomery Public Schools [Letter to DOJ]

July 20, 2011

July 20, 2011

Complaint

Affidavit of Joseph Ackerson, Ph.D.

[Redacted] v. Montgomery Public Schools

July 27, 2011

July 27, 2011

Declaration/Affidavit

Report by Narell C. Joyner

July 27, 2011

July 27, 2011

Monitor/Expert/Receiver Report

Report of Mary Jo Dare

July 27, 2011

July 27, 2011

Monitor/Expert/Receiver Report

Advocates Take Montgomery Public Schools Complaint to Next Level, Department of Justice

Aug. 9, 2011

Aug. 9, 2011

Press Release

Agreement

Nov. 14, 2011

Nov. 14, 2011

Settlement Agreement

Under New Agreement, Montgomery Public Schools Will Work to Provide Better Services to Children with Mental Illnesses

Nov. 28, 2011

Nov. 28, 2011

Press Release

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Alabama

Case Type(s):

Education

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):

Private Plaintiff

Attorney Organizations:

Bazelon Center

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):

Elementary/Secondary School

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:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 87,500

Order Duration: 2011 - 2012

Content of Injunction:

Hire

Implement complaint/dispute resolution process

Issues

General:

Education

School/University policies

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Special education

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run