Duane B. v. Chester Upland Sch. Dist.

No. 90-0326 (E.D. Pa. Feb. 2, 1995) ; Clearinghouse Number: 50736

Description

Special Master Appointed to Oversee Implementation of Remedial Orders in Case Challenging School District’s Exclusion of Students with Disabilities

Abstract

The district court, holding defendant school district in contempt of its earlier remedial orders, has appointed a special master in this action alleging systemic violations of the Individuals with Disabilities Education Act. Plaintiffs, parents of children with emotional and behavioral disabilities, had alleged that defendant failed to provide their children with individualized or appropriate educational programs and systematically and illegally excluded them from school. Negotiations between the parties culminated in a series of remedial stipulations on extensive institutional reforms, including (1) evaluation and placement of all class members in appropriate educational programs; (2) revision of disciplinary procedures; (3) in-service training for all staff; (4) development of new curricula; (5) mainstreaming of class members; (6) collection of data to facilitate implementation and monitoring of the stipulations; and (7) deadlines for various remedial measures. Four years later, asserting that defendant failed to comply substantially with the remedial orders, plaintiffs moved for a finding of contempt. The district court found that defendant failed to set priorities and to manage its human resources to carry out its obligations under the remedial orders. The court noted that defendant left the position of director of special education open and unfilled for over one year. In addition, the court found that defendant did not spend special education funds wisely and wasted significant financial resources by keeping a high percentage of students in out-of-district placements. The court also found widespread failure to produce updated, appropriate individualized education plans and to notify parents of their right to participate in such plans.

Additional Information

Attorney Information
Plaintiff represented by Michelle Terry, Delaware County Legal Services, 410 Welsh St., Chester, PA, 19013, (610) 874-8421; Janet Stotland, Mary Scanlon.
Docket Date
1995-02-02 00:00:00+00:00