Case: Upper Valley Ass'n for Handicapped Citizens v. Mills

2:94-cv-00320 | U.S. District Court for the District of Vermont

Filed Date: Nov. 1, 1994

Closed Date: July 28, 1997

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Case Summary

This matter involved two related cases--a class action seeking substantive relief, and a second lawsuit seeking attorneys fees for the underlying administrative matter.On March 22, 1993, the Upper Valley Association for Handicapped Citizens, on behalf of thirty-six of its members, wrote to the Board of Directors of the Blue Mountain Union School District alleging 15 violations of the IDEA and Vermont special education regulations, including failure to implement appropriate individualized educat…

This matter involved two related cases--a class action seeking substantive relief, and a second lawsuit seeking attorneys fees for the underlying administrative matter.

On March 22, 1993, the Upper Valley Association for Handicapped Citizens, on behalf of thirty-six of its members, wrote to the Board of Directors of the Blue Mountain Union School District alleging 15 violations of the IDEA and Vermont special education regulations, including failure to implement appropriate individualized education programs for its students. IDEA, which guarantees a free appropriate public education to disabled students, was created in response to a growing awareness that a majority of handicapped children in the United States "were either totally excluded from schools or were sitting idly in regular classrooms awaiting the time when they were old enough to drop out.

On November 1, 1994, Upper Valley brought a class action complaint, Upper Valley Assoc, et al v. Mills, et al 2:94-cv-00320-wks, on behalf of children with disabilities, their families, and supportive organizations. The complaint was filed in the U.S. District Court for the District of Vermont pursuant to 42 U.S.C. § 1983, Individuals with Disabilities Education Act (IDEA), and 20 U.S.C. § 1401 against the Vermont School District.

Having received no response from the school district, on November 1, 1994, Upper Valley filed a class action complaint, Upper Valley Association of Handicapped Citizens v. Mills, 2:94-cv-00320-wks. Plaintiffs raised four claims, all alleged violations of rights secured by the IDEA or by Vermont's corresponding special education regulations. The complaint focused on a systemic failure on the part of defendants to conform to the procedural requirements set forth in the IDEA and further developed in federal regulations. They specifically asserted that defendants failed (1) to develop and implement procedures to ensure the timely conduct of an investigation and the issuance of a written decision; (2) to develop procedures affording adequate relief to successful complainants; (3) to take affirmative action to correct instances of noncompliance with the IDEA; and 4) to develop and implement appropriate procedures in accordance with Vermont's special education regulations.

Relatedly, on June 29, 1995, the plaintiffs filed another complaint (Upper Valley Association for Handicapped Citizens v. Blue Mountain Union, 2:95-cv-00207-wks, seeking reimbursement of costs, including reasonable attorneys' fees, that they expended in the course of the administrative complaint process. Both parties filed cross-motions for summary judgment.

In the class action, defendants filed a motion to dismiss on August 29, 1995. The court (Judge William Sessions III), however, denied dismissal on May 1, 1996. 928 F.Supp. 429. On July 17, 1997, the court granted the plaintiffs class action certification. 168 F.R.D. 167. The parties then settled, and on July 28, 1997, a hearing was held to review the settlement terms; the court approved a consent decree. The consent decree is not available.

In the related fees case, on July 24, 1997, the court granted partial summary judgment for the plaintiffs to be awarded attorneys' fees, and denied the defendant's motion for summary judgment. 973 F.Supp. 429. On January 13, 1998, the case was dismissed by stipulation; presumably the matter settled.

Summary Authors

Ginny Lee (3/6/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/1005033/parties/upper-valley-assoc-v-mills/

Attorney for Plaintiff

Attorney for Defendant

Fassler, Paul Carl (Vermont)

Fitzhugh, John H (Vermont)

Grant, Elizabeth J. (Vermont)

Expert/Monitor/Master/Other

Kehoe, Mary P. (Vermont)

Sessions, William K. III (Vermont)

Attorney for Plaintiff

Smith, O. Whitman (Vermont)

Attorney for Defendant

Fassler, Paul Carl (Vermont)

Fitzhugh, John H (Vermont)

Grant, Elizabeth J. (Vermont)

Yudien, Geoffrey A. (Vermont)

Other

Kehoe, Mary P. (Vermont)

Sessions, William K. III (Vermont)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:94-cv-00320	Docket [PACER] Upper Valley Assoc v. Mills	July 28, 1997	July 28, 1997 Docket
2:95-cv-00207	Docket Upper Valley Association v. Blue Mountain Union	Jan. 14, 1998	Jan. 14, 1998 Docket
31 2:94-cv-00320	Order and Opinion Upper Valley Association for Handicapped Citizens v. Mills	May 1, 1996	May 1, 1996 Order/Opinion 928 F.Supp. 429
47 2:94-cv-00320	Order and Opinion	July 17, 1996	July 17, 1996 Order/Opinion 168 F.R.D. 167
2:95-cv-00207	Order and Opinion	July 24, 1997	July 24, 1997 Order/Opinion 973 F.Supp. 429

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/1005033/upper-valley-assoc-v-mills/

Last updated Sept. 18, 2026, 1:44 a.m.

Docket for: Upper Valley Assoc v. Mills

ECF Number	Date	Description	Link
1	Nov. 1, 1994	COMPLAINT: CLASS ACTION; filing fee $120, receipt #6677 (Summon(es) and waiver(s) Issued) (law) (Entered: 11/01/1994)	RECAP
2	April 25, 1995	ATTORNEY APPEARANCE for defendants Richard Mills and Vt State Board of Ed by Paul Carl Fassler, Geoffrey A. Yudien (law) (Entered: 04/25/1995)	RECAP
3	April 25, 1995	ANSWER to [1-1] complaint by defendants Richard Mills and Vt State Board of Ed ; stipulated discovery schedule due 5/25/95 (law) (Entered: 04/25/1995)	RECAP
4	April 26, 1995	ENE LETTER re: potential evaluators sent; resp to ENE ltr due 5/15/95 (law) (Entered: 04/26/1995)	RECAP
5	May 4, 1995	ENE LETTER sent re: ENE Evaluator John H. Fitzhugh assigned (law) (Entered: 05/04/1995)	RECAP
6	June 19, 1995	ORDER OF REASSIGNMENT case reassigned to Judge J. G. Murtha ( Judge Fred I. Parker ) Cy to parties (law) (Entered: 06/21/1995)	RECAP
	June 19, 1995	File sent to Burlington (law)
7	Aug. 3, 1995	DISCOVERY CERTIFICATE: interrogatories propounded by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee to defendants Richard Mills, Vt State Board of Ed, (jse) Modified on 08/07/1995 (Entered: 08/03/1995)	RECAP
8	Aug. 16, 1995	MOTION by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee to Extend Time to file for class certification until 45 days after dfts' response to interrogatories (pjd) (Entered: 08/16/1995)	RECAP
9	Aug. 16, 1995	MEMORANDUM by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee in support of [8-1] motion to Extend Time (pjd) (Entered: 08/16/1995)	RECAP
	Aug. 18, 1995	File sent to Brattleboro (pjd)
10	Aug. 29, 1995	MOTION by defendant Richard Mills, defendant Vt State Board of Ed to Dismiss Complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted (pjd) Modified on 08/29/1995 (Entered: 08/29/1995)	RECAP
11	Aug. 29, 1995	MEMORANDUM by defendant Richard Mills, defendant Vt State Board of Ed in support of [10-1] motion to Dismiss Complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted (pjd) (Entered: 08/29/1995)	RECAP
12	Sept. 7, 1995	STIPULATION AND ORDER pltfs have 45 days from service of dfts' motion to dismiss within which to respond ( Chief Judge J. G. Murtha ) Cy to parties (pjd) (Entered: 09/07/1995)	RECAP
13	Sept. 26, 1995	DISCOVERY CERTIFICATE: answer to interrogatories filed by dfts Richard Mills and Vt State Board of Ed (epr) (Entered: 09/26/1995)	RECAP
14	Sept. 26, 1995	DISCOVERY CERTIFICATE: answer to interrogatories filed by dfts Richard Mills and Vt State Board of Ed (epr) (Entered: 09/26/1995)	RECAP
15	Oct. 17, 1995	MOTION by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee, and defendants Richard Mills, Vt State Board of Ed to Extend Time for Discovery (wjf) Modified on 10/18/1995 (Entered: 10/17/1995)	RECAP
	Oct. 17, 1995	ENDORSED ORDER: denying motion to Extend Time for Discovery [15-1] without prejudice to renew upon submission of a proposed discovery schedule which provides for completion of discovery and trial readiness by 3/1/96 ( Chief Judge J. G. Murtha ) (wjf)
16	Oct. 18, 1995	MEMORANDUM by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee in opposition to [10-1] motion to Dismiss Complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted (law) (Entered: 10/18/1995)	RECAP
17	Oct. 30, 1995	MOTION with memorandum in support by all plaintiffs For Reassignment (of this case to Hon. William K. Sessions III) (law) (Entered: 10/30/1995)	RECAP
	Nov. 2, 1995	ENDORSED ORDER: granting [17-1] motion For Reassignment (of this case to Hon. William K. Sessions III), case reassigned to Judge William K. Sessions III ( Chief Judge J. G. Murtha ) (pjd)
	Nov. 3, 1995	File sent to Burlington (kac)
18	Nov. 16, 1995	MOTION by all plaintiffs to Amend [1-1] complaint (law) (Entered: 11/16/1995)	RECAP
19	Nov. 16, 1995	MEMORANDUM by all plaintiffs in support of [18-1] motion to Amend [1-1] complaint (law) (Entered: 11/16/1995)	RECAP
	Nov. 16, 1995	File sent to Burlington (law) (Entered: 11/16/1995)	PACER
20	Nov. 27, 1995	OBJECTIONS by dfts Richard Mills, Vt State Board of Ed to [18-1] motion to Amend [1-1] complaint (law) (Entered: 11/27/1995)	RECAP
21	Nov. 27, 1995	MEMORANDUM by dfts Richard Mills, Vt State Board of Ed in support of [20-1] objection to motion to amend complaint (law) (Entered: 11/27/1995)	RECAP
22	Dec. 8, 1995	REPLY by all plaintiffs to response to [18-1] motion to Amend [1-1] complaint (pjd) (Entered: 12/08/1995)	RECAP
23	Dec. 18, 1995	STIPULATED DISCOVERY ORDER setting discovery cutoff 30 days after Court's ruling on dfts' motion to dismiss ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 12/18/1995)	RECAP
24	Dec. 19, 1995	DISCOVERY CERTIFICATE: interrogatories and requests for production of documents propounded by dfts Richard Mills, Vt State Board of Ed to pltfs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee (law) (Entered: 12/19/1995)	RECAP
	Feb. 14, 1996	LETTER sent to counsel re: ene session date; response due 2/28/96 (see left side of file) (law)
	Feb. 22, 1996	RECEIVED telephone call re: ene session date; counsel are waiting for ruling on motion to dismiss (filed 8/28/95) as it is a depositive motion (if denied will go forward with ene) (law)
25	Feb. 27, 1996	ORDER granting [8-1] motion to Extend Time to file for class certification until 45 days after dfts' response to interrogatories, motion for class certification due by 3/22/96 brief deadline set for 3/22/96 ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 02/27/1996)	RECAP
26	March 22, 1996	MOTION by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee to Certify Class (pjd) (Entered: 03/22/1996)	RECAP
27	March 22, 1996	MEMORANDUM by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee in support of [26-1] motion to Certify Class (pjd) (Entered: 03/22/1996)	RECAP
28	March 29, 1996	MOTION by defendants Richard Mills, Vt State Board of Ed to Extend Time to respond to motion for class certification, and for order compelling response to first discovery request (pjd) Modified on 03/29/1996 (Entered: 03/29/1996)	RECAP
29	March 29, 1996	MEMORANDUM by defendants Richard Mills, Vt State Board of Ed in support of [28-1] motion to Extend Time to respond to motion for class certification, [28-2] motion for order compelling response to first discovery request (pjd) (Entered: 03/29/1996)	RECAP
30	April 10, 1996	MEMORANDUM by pltfs Upper Valley Assoc, Winnie Pineo and Michelle Vannamee in opposition to [28-1] motion to Extend Time to respond to motion for class certification and discovery order (epr) (Entered: 04/10/1996)	RECAP
	April 29, 1996	LETTER sent to counsel re: ene session; response due 5/13/996 (see left side of file) (law) (Entered: 04/29/1996)	PACER
31	May 1, 1996	OPINION AND ORDER ( Judge William K. Sessions III ) granting [18-1] motion to Amend [1-1] complaint, denying motion to Dismiss. Cy to parties (pjd) (Entered: 05/01/1996)	RECAP
32	May 1, 1996	ORDER granting [28-1] motion to Extend Time to respond to motion for class certification, granting [28-2] motion for order compelling response to first discovery request, response to dfts' first set of interrogatories and requests for production due 6/1/96 ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 05/01/1996)	RECAP
33	May 1, 1996	AMENDED COMPLAINT by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee, amending [1-1] complaint (pjd) (Entered: 05/01/1996)	RECAP
	May 3, 1996	LETTER sent to counsel re: ene session date; response due 5/10/96 (law)
	May 6, 1996	ENDORSED ORDER: granting [17−1] joint motion to Extend Time to 9/1/96 to file motions and to 10/1/96 for trial readiness, motion filing deadline set for 9/3/96 ready for trial by 10/1/96 ( Judge William K. Sessions III ) (pjd) (Entered: 05/07/1996)	PACER
	May 7, 1996	STIPULATION AND ORDER extending response deadline by 10 days for [15−1] motion for class certification, [13−1] motion to Amend [1−1] complaint ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 05/07/1996)	PACER
34	May 30, 1996	DISCOVERY CERTIFICATE: answers to defts' interrogatories and requests for production of documents filed by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee (jam) Modified on 05/31/1996 (Entered: 05/30/1996)	RECAP
35	June 7, 1996	DISCOVERY CERTIFICATE: request for admissions by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee (pjd) (Entered: 06/07/1996)	RECAP
36	June 10, 1996	DISCOVERY CERTIFICATE: amended answer to interrogatories filed by dfts Richard Mills and Vt State Board of Ed (epr) (Entered: 06/10/1996)	RECAP
37	June 10, 1996	OBJECTION by defendants Richard Mills, Vt State Board of Ed to [26-1] motion to Certify Class (pjd) (Entered: 06/10/1996)	RECAP
38	June 10, 1996	MEMORANDUM IN SUPPORT OF OBJECTION [37-1] by defendants Richard Mills, Vt State Board of Ed and in opposition to [26-1] motion to Certify Class (pjd) (Entered: 06/10/1996)	RECAP
39	June 14, 1996	ENE REPORT by evaluator John H. Fitzhugh no settlement reached (law) (Entered: 06/14/1996)	RECAP
40	June 18, 1996	DISCOVERY CERTIFICATE: interrogatories propounded by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee to defendant Richard Mills (pjd) (Entered: 06/18/1996)	RECAP
41	June 19, 1996	STIPULATION by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee, defendants Richard Mills, Vt State Board of Ed re: reply to objection to motion for class certification due 7/3/96 (pjd) (Entered: 06/19/1996)	RECAP
42	July 1, 1996	DISCOVERY CERTIFICATE: notice of deposition by dfts Richard Mills and Vt State Board of Ed (epr) (Entered: 07/01/1996)	RECAP
43	July 1, 1996	MOTION by dfts Richard Mills and Vt State Board of Ed for Order of Substitution of Parties (epr) (Entered: 07/01/1996)	RECAP
	July 2, 1996	ENDORSED ORDER: granting [41-1] stipulation extending response deadline for objection to motion for class certification to 7/3/96 ( Judge William K. Sessions III ) (pjd) Modified on 07/12/1996
44	July 3, 1996	SUPPLEMENTAL MEMORANDUM by all pltfs in support of [26-1] motion to Certify Class (kac) (Entered: 07/03/1996)	RECAP
45	July 8, 1996	DISCOVERY CERTIFICATE response to request for admissions by defendants Richard Mills, Vt State Board of Ed (pjd) (Entered: 07/08/1996)	RECAP
46	July 16, 1996	DISCOVERY CERTIFICATE: all dfts responses to pltfs' interrogatories & requests for production Set II (kac) (Entered: 07/16/1996)	RECAP
47	July 17, 1996	OPINION AND ORDER ( Judge William K. Sessions III ) granting [26-1] motion to Certify Class Cy to parties (law) (Entered: 07/17/1996)	RECAP
48	July 18, 1996	RESPONSE by plaintiffs Upper Valley Assoc, Winnie Pineo, Michelle Vannamee to [43-1] motion for Order of Substitution of Parties (pjd) (Entered: 07/18/1996)	RECAP
	Aug. 16, 1996	ENDORSED ORDER: denying joint motion for relief from ENE [28−1]; postponing ENE until after resolution of forthcoming dispositive motions ( Judge William K. Sessions III ) (pjd) (Entered: 08/19/1996)	PACER
49	Aug. 19, 1996	ORDER granting in part, denying in part [43-1] motion for Order of Substitution of Parties; successors in office are now party defts in their official capacities, former office holders remain party dfts in individual capacities ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 08/19/1996)	RECAP
	Aug. 19, 1996	Added party Douglas Walker pursuant to [49-1] order (pjd)
50	Oct. 31, 1996	NOTICE OF HEARING: pretrial conference set for 10:30 11/20/96 in Burlington Cy to parties (gmg) (Entered: 10/31/1996)	RECAP
51	Nov. 8, 1996	REVISED NOTICE OF HEARING: pretrial conference set for 9:30 a.m. 11/25/96 Cy to parties (gmg) (Entered: 11/08/1996)	RECAP
	Nov. 25, 1996	MINUTE ENTRY: by Judge William K. Sessions III (Ct Rptr: off record), pretrial conference held; O. Whitman Smith, Esq. present for pltfs; Paul Fassler, Esq. present for dfts. Parties inform Court that a consent decree is in the process of being completed. Initial paperwork will be submitted by Christmas. Case is to be taken of trial list. (jam)
	Dec. 2, 1996	ENDORSED ORDER: granting [39−1] motion (letter) to Seal [35−1] statement of facts ( Judge William K. Sessions III ) Cy to parties (pjd) Modified on 12/04/1996 (Entered: 12/03/1996)	PACER
	Feb. 3, 1997	RECEIVED letter from Atty Smith re: Status of Consent Decree; expect by mid-march to report to Court as to status of negotiations (law)
52	May 16, 1997	STIPULATION OF SETTLEMENT by defendants VT Bd of Education, Douglas Walker, Richard Mills, plaintiffs Michelle Vannamee, Winnie Pineo, Upper Valley Assoc (pjd) (Entered: 05/16/1997)	RECAP
53	May 29, 1997	NOTICE OF CLASS ACTION SETTLEMENT regarding the disposition of complaints to the Vermont Dpartment of Education re: [52-1] stipulation; hearing on settlement set foe 7/28/97 at 9:30 ( Judge William K. Sessions III ) Cy to parties (pjd) Modified on 05/30/1997 (Entered: 05/29/1997)	RECAP
54	May 29, 1997	PLAN AND SCHEDULE OF DISTRIBUTION OF NOTICE [54-1] ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 05/29/1997)	RECAP
55	May 30, 1997	NOTICE OF HEARING: in court hearing to review settlement agreement set for 9:30 7/28/97 Cy to parties (gmg) (Entered: 05/30/1997)	RECAP
56	June 20, 1997	REVISED NOTICE OF HEARING: hearing set for 10:00 7/28/97 to review settlement agreement. Cy to parties (gmg) (Entered: 06/20/1997)	RECAP
57	July 22, 1997	CERTIFICATION of publication of Susan F. Boyd by defendants VT Bd of Education, Douglas Walker re: distribution of settlement agreement (pjd) (Entered: 07/22/1997)	RECAP
58	July 28, 1997	CONSENT DECREE ( Judge William K. Sessions III ) for Michelle Vannamee, Winnie Pineo, Upper Valley Assoc against VT Bd of Education, Douglas Walker, Richard Mills case closed Cy to parties (pjd) (Entered: 07/29/1997)	RECAP
	July 28, 1997	MINUTE ENTRY: by Judge William K. Sessions III (Ct Rptr: Nichols), in court hearing held to review settlement agreement. Whitman Smith, Esq. present for pltfs. Paul Fassler, Esq. present for dfts. Court makes inquiries. No objections were rec'd re: proposed settlement agreement by either side. Court approves stipulation & will execute the consent decree. (jam)
	Sept. 17, 1997	ENDORSED ORDER: granting [49−1] motion for permissive intervention, granting [49−2] motion for Certification of second subclass pursuant to [48−1] opinion and order ( Judge William K. Sessions III ) Cy to parties (pjd) (Entered: 09/18/1997)	PACER
	Jan. 14, 1998	(law) (Entered: 01/14/1998)	PACER

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Case Details

State / Territory:

Vermont

Case Type(s):

Education

Key Dates

Filing Date: Nov. 1, 1994

Closing Date: July 28, 1997

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff Upper Valley Association for Handicapped Citizens ("the Association") is an unincorporated, non-profit association comprised of individuals with disabilities, family members, professionals and advocates, which provides informational, support, and advocacy services to individuals with disabilities and their families.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School District

Vermont State Board of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of Vermont 2:94-cv-00320

District of Vermont 2:95-cv-00207

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Discrimination Prohibition

Issues

Disability and Disability Rights:

Mental impairment

Special education

Recommended Citation

Case Summary of Upper Valley Ass'n for Handicapped Citizens v. Mills, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13301/ (last updated 3/6/2017).