MPS prevails in class-action special education lawsuit

Court vacates lower-court rulings, remedial orders, DPI settlement

?MILWAUKEE ? (February 3, 2012) ? The United States Court of Appeals for the Seventh Circuit has ruled in favor of Milwaukee Public Schools in a landmark, long-fought lawsuit over how the district identifies students in need of special education services.

The suit, filed in 2001 and often referred to as the ?Jamie S. case,? alleged that a student named Jamie and several other students were denied or delayed entry to special services in MPS.

The ruling overturns a lower court?s contention that MPS and the Department of Public Instruction had some ?systemic? violations in how they identified special education students.?

After that lower court decision, DPI settled with the plaintiffs and ordered MPS to meet certain compliance benchmarks.? DPI representatives stated at the time that MPS could raise the Milwaukee tax levy to cover the cost of the remedies.? ?MPS? Board and then-Superintendent William Andrekopoulos asserted that it was wrong to have taxpayers and the school district bear the burden alone, and filed an appeal.? MPS also challenged the district court?s class-certification decision.

Today?s ruling means all lower-court decisions are vacated, and so are the liability and remedial orders.? The ruling also tosses out the DPI settlement with the plaintiffs, saying that DPI?s settlement ?prejudiced MPS?s legal rights by requiring more of MPS than DPI had the statutory right to demand?.

?We will continue to provide quality special education services for Milwaukee?s children,? said Superintendent Gregory Thornton. ?Throughout the course of the litigation it has been the goal of the Board of School Directors to resolve the case in a way that best serves the needs of the children and families the district serves.??

Though the case has extended over more than ten years, the district and the City of Milwaukee taxpayers have not had to cover any of the costs of the district?s defense.? The costs have been covered by an insurance policy that was in place at the time the suit was filed.

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Source: http://www5.milwaukee.k12.wi.us/dept/superintendent/2012/02/mps-prevails-in-class-action-special-education-lawsuit/

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