Case: Noon v. Alaska State Board of Education and Early Development

3:04-cv-00057 | U.S. District Court for the District of Alaska

Filed Date: March 16, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On March 16, 2004, a group of students with disabilities filed a law suit in the U.S. District Court for the District of Alaska against the Alaska State Board of Education and Early Development as violating 42 U.S.C. § 12101, 20 U.S.C. § 1400, and the Rehabilitation Act of 1973, § 794. The plaintiffs, represented by private and public counsel, sought and received class certification including all Alaska public school students with qualified disabilities. The plaintiffs asked the court for a dec…

On March 16, 2004, a group of students with disabilities filed a law suit in the U.S. District Court for the District of Alaska against the Alaska State Board of Education and Early Development as violating 42 U.S.C. § 12101, 20 U.S.C. § 1400, and the Rehabilitation Act of 1973, § 794. The plaintiffs, represented by private and public counsel, sought and received class certification including all Alaska public school students with qualified disabilities. The plaintiffs asked the court for a declaratory judgment and injunctive relief, alleging that the defendant's High School Graduation Qualifying Examination (HSGQE) discriminated against students with disabilities and failed to provide an alternate assessment that leads to a standard diploma.

Specifically, the plaintiffs allege that in formulating and administering the Alaska HSGQE, Defendants failed and refused to take into account the needs of students with disabilities. Defendants restrict the plaintiffs' access to many of the most common learning accommodations available under Individualized Education Programs ("IEPs") or education plans established pursuant to Section 504 of the Rehabilitation Act of 1973. The plaintiffs allege that the HSGQE discriminates against students with disabilities because, among other problems, (1) there is no meaningful access to an alternate assessment, (2) the accommodations policies illegally burden students' rights to use the tools necessary to demonstrate their skills, and (3) the HSGQE unfairly tests disabled students on material they have never been taught.

On April 7, 2004, the plaintiffs and defendant filed a joint stipulation that allowed students with disabilities in the Class of 2004 to get a diploma without passing the HSGQE and agreed to negotiate a settlement. On January 20, 2005, the District Court (Judge James K. Singleton) granted final approval of the class settlement agreement stating that defendant was to develop equitable provisions and issue semi-annual reports to the plaintiffs' counsel for purposes of monitoring defendant's compliance.

The settlement lasted until 2008 without any further litigation. The case is now closed.

Summary Authors

David Cho (9/30/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/12016981/parties/noon-v-ak-state-board-of-education-early-development/


Judge(s)

Singleton, James Keith Jr. (Alaska)

Attorneys(s) for Plaintiff

Aubrejuan, Alison (California)

Fleurant, David C. (Alaska)

Goracke, Monica (California)

Kerr, Sonja D. (Alaska)

Oesting, David W. (Alaska)

Tollafield, Stephen (California)

Wilson, Joan M. (Alaska)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Comeau, Carol (Alaska)

Judge(s)

Singleton, James Keith Jr. (Alaska)

Attorneys(s) for Plaintiff

Aubrejuan, Alison (California)

Fleurant, David C. (Alaska)

Goracke, Monica (California)

Kerr, Sonja D. (Alaska)

Oesting, David W. (Alaska)

Tollafield, Stephen (California)

Wilson, Joan M. (Alaska)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Comeau, Carol (Alaska)

Renkes, Gregg D. (Alaska)

Sampson, Roger (Alaska)

Slotnick, Stephen C. (Alaska)

Trickey, Howard S. (Alaska)

Truitt, G. Kenneth (Alaska)

Documents in the Clearinghouse

Document

3:04-cv-00057

Docket

Dec. 5, 2005

Dec. 5, 2005

Docket
1

3:04-cv-00057

Complaint Class Action

March 16, 2004

March 16, 2004

Complaint

State Enters Stipulation In Disabilities Class Action Lawsuit

No Court

April 7, 2004

April 7, 2004

Press Release
22

3:04-cv-00057

Joint Stipulation & [Proposed] Order Regarding Class Certification and Use of HSGQE Test Results

Aug. 11, 2004

Aug. 11, 2004

Pleading / Motion / Brief

3:04-cv-00057

Settlement Agreement

None

None

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12016981/noon-v-ak-state-board-of-education-early-development/

Last updated July 29, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

All future filings will be in the CM/ECF System. All documents filed prior to January 3, 2006, are available for review at the Clerk's Office.(LPV, )

Jan. 3, 2006

Jan. 3, 2006

PACER
63

Copy of ACMS docket. Click on the hyperlink to access docket entries 1-63 from prior ACMS system.(JAG, COURT STAFF) (Entered: 03/01/2007)

Jan. 3, 2006

Jan. 3, 2006

PACER

Case Details

State / Territory: Alaska

Case Type(s):

Education

Key Dates

Filing Date: March 16, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual students on their own behalf on behalf of all Alaska public school students with disabilities

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alaska State Board of Education and Early Development, State

Anchorage School District (Anchorage), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2005 - 2008

Content of Injunction:

Recordkeeping

Monitoring

Develop anti-discrimination policy

Issues

General:

Individualized planning

Special education

Disability:

disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability