On August 16, 1993, several children with disabilities, by and through their parents, filed this class action lawsuit in the United States District Court for the Eastern District of Pennsylvania under 42 U.S.C. § 1983, § 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act ("IDEA"). The Plaintiffs, represented by the Education Law Center and private counsel, sought declaratory and injunctive relief, claiming that the Pennsylvania Department of Education Division of Compliance ("DOC") failed to maintain a timely complaint resolution system as required by IDEA. Specifically, the plaintiffs claimed that the DOC failed to resolve complaints within the 60 day time limit, failed to monitor and enforce corrective orders, and failed to properly address all allegations made in various complaints.

On February 14, 1995, the Court (Judge Anita Blumstein Brody) granted summary judgment for the DOC, holding that there was no private right of action under IDEA or § 504 of the Rehabilitation Act, and that there was no indirect right of action under § 1983. Beth V. v. Carroll, 876 F.Supp. 1415 (E.D. Pa. 1995). On June 25, 1996, however, the Third Circuit Court of Appeals (Judge Dolores Korman Sloviter) reversed the district court's ruling, noting that the Plaintiffs alleged system-wide failure, which may in certain cases waive the requirement that the plaintiffs exhaust administrative remedies before filing suit. Since the district court dismissed the case before exploring this option, the Third Circuit remanded the case for further consideration. Beth V. v. Carroll, 87 F.3d 80 (3rd Cir. 1996).

On November 12, 1996, the District Court granted class certification, however for for reasons not apparent, the case was put in "civil suspense" on February 28, 1997.

On August 12, 1998, the plaintiffs voluntarily dismissed the case. We have no firther information about this case.

Joshua Arocho - 07/30/2012


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