Case: G.T. v. Board of Education of Kanawha

2:20-cv-00057 | U.S. District Court for the Southern District of West Virginia

Filed Date: Jan. 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the legality of the Kanawha County Schools (KCS) treatment of students with disabilities. On January 24, 2020, a plaintiff who was a third-grade student in the Kanawha County School district, filed this class-action suit against the school district and its superintendent. The Arc of West Virginia, an advocacy organization that supports students with disabilities, also joined as a plaintiff. The student had autism and ADHD. The plaintiff had been denied effective behav…

This is a case challenging the legality of the Kanawha County Schools (KCS) treatment of students with disabilities. On January 24, 2020, a plaintiff who was a third-grade student in the Kanawha County School district, filed this class-action suit against the school district and its superintendent. The Arc of West Virginia, an advocacy organization that supports students with disabilities, also joined as a plaintiff. The student had autism and ADHD. The plaintiff had been denied effective behavioral support at his school and had been repeatedly removed from the classroom. The plaintiff sued under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, Title II of the Americans Disabilities Act (ADA), the West Virginia Human Rights Act, and West Virginia Policy 2419. Judge Irene Berger was assigned to oversee the proceedings.

The plaintiff argued that the school district was failing to comply with the requirement under the IDEA to provide students with disabilities with a Free Appropriate Public Education (FAPE). The FAPE standard requires "appropriately ambitious" special education, which KCS failed to meet. Similarly, KCS had not met its requirements under the ADA to adjust policies, practices, and procedures as necessary and to provide children with disabilities equal education opportunities. KCS did not have a current system in place to identify and provide resources for students with disabilities and instead used informal and formal removal techniques in response to behavior problems.

The plaintiffs sought class certification for a class consisting of "[a]ll Kanawha County Schools students with disabilities who (1) need but are not receiving behavior supports from KCS, and (2) have experienced disciplinary removals from any classroom." The plaintiffs also sought declaratory and injunctive relief, specifically asking the Court to enjoin the defendants in revising their policies in order to provide effective behavior supports to its students with disabilities, and also provide a monitor to oversee compliance with the court order. Finally, the plaintiffs sought attorneys' fees and costs.

The defendants filed a motion to dismiss the claims on March 20, 2020. On April 10, the plaintiffs filed an amended complaint, switching the organizational defendant to the Board of Education of the County of Kanawha. The defendants subsequently moved to dismiss the amended complaint, arguing that the plaintiffs had failed to exhaust their administrative remedies as required by the IDEA. The defendants also sought to dismiss the Arc of West Virginia from the case, arguing that the organization lacked standing because they did not allege that one of their members required relief.

On July 16, 2020, Judge Irene Berger dismissed the claims against the superintendent but denied the school district's motion to dismiss. 2020 WL 4018285. The Court found that the plaintiffs had alleged systemic violations, and therefore they did not need to exhaust their administrative remedies. The Court also determined that the Arc of West Virginia had associational standing and was permitted to remain in the litigation.

As of October 22, the case remains ongoing.

Summary Authors

Gabrielle Simeck (10/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16759366/parties/gt-v-kanawha-county-schools/


Judge(s)

Berger, Irene Cornelia (West Virginia)

Attorneys(s) for Plaintiff

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Do, Kirstin Scheffler (Illinois)

Faris, Michael J (Illinois)

Hulshizer, Robin M. (Illinois)

Klass, Karen D. (Illinois)

Malkin, Blaire (West Virginia)

Milnes, Lydia C. (West Virginia)

Snyder, Erin (West Virginia)

Judge(s)

Berger, Irene Cornelia (West Virginia)

Attorneys(s) for Plaintiff

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Do, Kirstin Scheffler (Illinois)

Faris, Michael J (Illinois)

Hulshizer, Robin M. (Illinois)

Klass, Karen D. (Illinois)

Malkin, Blaire (West Virginia)

Milnes, Lydia C. (West Virginia)

Snyder, Erin (West Virginia)

Wakschlag, Shira (District of Columbia)

Waller, Lori Peters (West Virginia)

Wohl, Gabriele Wohl (West Virginia)

Attorneys(s) for Defendant

Adkins, J. Mark (West Virginia)

Boothby, Richard Scott (West Virginia)

Smith, William Austin II (West Virginia)

Documents in the Clearinghouse

Document

2:20-cv-00057

Docket [PACER]

G.T. v. Kanawha

Oct. 1, 2020

Oct. 1, 2020

Docket
1

2:20-cv-00057

Class Action Complaint

G.T. v. Kanawha County Schools

Jan. 24, 2020

Jan. 24, 2020

Complaint
22

2:20-cv-00057

First Amended Class Action Complaint

G.T. v. Board of Education of the County of Kanawha

April 10, 2020

April 10, 2020

Complaint
46

2:20-cv-00057

Memorandum Opinion and Order

G.T. v. Kanawha County Schools

2020 WL 4018285

July 16, 2020

July 16, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16759366/gt-v-kanawha-county-schools/

Last updated Aug. 30, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT. Filing Fee $400.00. Receipt # AWVSDC-7523113. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons) (mms)

Jan. 24, 2020

Jan. 24, 2020

PACER
2

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff The Arc of West Virginia. (Milnes, Lydia) (Modified on 1/28/2020 to correct link) (kew).

Jan. 24, 2020

Jan. 24, 2020

PACER
3

STATEMENT OF VISITING ATTORNEY from Karen Klass on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523683. (Milnes, Lydia)

Jan. 24, 2020

Jan. 24, 2020

PACER
4

STATEMENT OF VISITING ATTORNEY Michael Faris on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523700. (Milnes, Lydia) (Modified on 1/28/2020 to add signatures and replace image) (kew).

Jan. 24, 2020

Jan. 24, 2020

PACER
5

STATEMENT OF VISITING ATTORNEY from Ira A. Burnim on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523710. (Milnes, Lydia)

Jan. 24, 2020

Jan. 24, 2020

PACER
6

STATEMENT OF VISITING ATTORNEY from Lewis Bossing on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523720. (Milnes, Lydia)

Jan. 24, 2020

Jan. 24, 2020

PACER
7

ELECTRONIC SUMMONS ISSUED as to Ron Duerring and Kanawha County Schools, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 Summons as to Kanawha County Schools) (mms)

Jan. 24, 2020

Jan. 24, 2020

PACER
8

STATEMENT OF VISITING ATTORNEY from Shira T. Wakschlag on behalf of G. T. Local counsel: Lydia C. Milnes. Fee $50.00. Receipt # AWVSDC-7523731. (Milnes, Lydia)

Jan. 24, 2020

Jan. 24, 2020

PACER

CASE assigned to Judge Irene C. Berger. (klc)

Jan. 24, 2020

Jan. 24, 2020

PACER
9

ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)

Jan. 27, 2020

Jan. 27, 2020

PACER

Case Assigned

Jan. 27, 2020

Jan. 27, 2020

PACER

Notice Of Docket Correction

Jan. 28, 2020

Jan. 28, 2020

PACER

NOTICE OF DOCKET CORRECTION re: 4 Statement of Visiting Attorney. ERROR: Image did not contains signatures. CORRECTION: Signatures added and image replaced. (kew)

Jan. 28, 2020

Jan. 28, 2020

PACER
10

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Blaire Malkin updating name and/or firm information on behalf of G. T. (Malkin, Blaire) (Modified on 2/6/2020 to correct signature and replace image) (kew).

Feb. 5, 2020

Feb. 5, 2020

PACER

Notice Of Docket Correction

Feb. 6, 2020

Feb. 6, 2020

PACER

NOTICE OF DOCKET CORRECTION re: 10 Notice of Change of Attorney Information. ERROR: Image contained incorrect signature. CORRECTION: Signature corrected and image replaced. (kew)

Feb. 6, 2020

Feb. 6, 2020

PACER
11

SUMMONS RETURNED EXECUTED by Personal Service for Kanawha County Schools. Kanawha County Schools served on 2/18/2020, answer due 3/10/2020. Summons served on Kanawha County Schools. (Milnes, Lydia)

Feb. 18, 2020

Feb. 18, 2020

PACER
12

SUMMONS RETURNED EXECUTED by Personal Service for Ron Duerring. Ron Duerring served on 2/18/2020, answer due 3/10/2020. Summons served on Dr. Ron Duerring. (Milnes, Lydia)

Feb. 18, 2020

Feb. 18, 2020

PACER
13

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Lewis Bossing updating name and/or firm information on behalf of Michelle, G. T., Jamie T., The Arc of West Virginia. (Bossing, Lewis)

Feb. 25, 2020

Feb. 25, 2020

PACER
14

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Lewis Bossing for Ira A. Burnim updating name and/or firm information on behalf of Michelle, G. T., Jamie T., The Arc of West Virginia. (Bossing, Lewis)

Feb. 25, 2020

Feb. 25, 2020

PACER
15

STIPULATION FOR EXTENSION TO FILE RESPONSIVE PLEADING re: 1 Complaint to 3/20/2020 by Ron Duerring, Kanawha County Schools, G. T., Michelle, Jamie T., The Arc of West Virginia. (Adkins, J.) (Modified on 3/10/2020 to add party filers) (kew).

March 9, 2020

March 9, 2020

PACER
16

ANSWER TO 1 Complaint by Kanawha County Schools. (Adkins, J.)

March 20, 2020

March 20, 2020

PACER
17

PARTIAL MOTION by Ron Duerring, Kanawha County Schools to Dismiss 1 Complaint. (Adkins, J.) (Modified on 3/23/2020 to add link to #1 complaint) (kew).

March 20, 2020

March 20, 2020

PACER
18

MEMORANDUM OF LAW by Ron Duerring, Kanawha County Schools in support of 17 PARTIAL MOTION by Ron Duerring, Kanawha County Schools to Dismiss 1 Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Adkins, J.)

March 20, 2020

March 20, 2020

PACER
19

ORDER AND NOTICE: Rule 12(b) Motions 4/22/2020. Rule 26(f) Meeting 4/29/2020. Last day to file report of Rule 26(f) Meeting 5/6/2020. Scheduling Conference at 2:00 PM on 5/20/2020 in Charleston. Entry of Scheduling Order 5/27/2020. Last Day to make Rule 26(a)(1) disclosures 6/3/2020. Signed by Judge Irene C. Berger on 3/25/2020. (cc: counsel of record; any unrepresented party) (kew)

March 25, 2020

March 25, 2020

PACER
20

JOINT MOTION by Michelle, G. T., Jamie T., The Arc of West Virginia, Kanawha County Schools, Ron Duerring to Extend Bbriefing Period for the 17 PARTIAL MOTION by Ron Duerring, Kanawha County Schools to Dismiss 1 Complaint to 5/25/2020. (Attachment: # 1 Proposed Order)(Milnes, Lydia) (Modified on 3/31/2020 to add party filers) (kew).

March 31, 2020

March 31, 2020

PACER
21

ORDER granting 20 JOINT MOTION to Extend Briefing Period. The Plaintiffs shall file an amended complaint by 4/10/2020, and the Defendants shall file a responsive pleading within 30 days thereafter. The Court further directs that the Defendants' 17 Partial Motion to Dismiss Complaint be terminated as moot, and that leave be granted to file a new motion if warranted. Signed by Judge Irene C. Berger on 3/31/2020. (cc: counsel of record; any unrepresented party) (lca)

March 31, 2020

March 31, 2020

PACER
22

FIRST AMENDED CLASS ACTION COMPLAINT by Michelle, Jamie T., G. T., K. M., Danielle M., Steven M. against Ron Duerring, Board of Education of the County of Kanawha (ts)

April 10, 2020

April 10, 2020

PACER
23

RULE 26(f) REPORT OF PLANNING MEETING by Board of Education of the County of Kanawha, Ron Duerring, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia. (Adkins, J.) (Modified on 5/7/2020 to add party filers) (kew).

May 6, 2020

May 6, 2020

PACER
24

BIFURCATED SCHEDULING ORDER directing that the Scheduling Conference is CANCELLED and that this case shall proceed as follows: Motion to Dismiss due by 06/05/2020. Amendments and Joinder due by 9/28/2020. Discovery requests due by 10/16/2020. All discovery, including disclosures required by Fed. R. Civ. P. 26(a)(2), but not disclosures required by Fed. R. Civ. P. 26(a)(3), are due by 11/13/2020. Depositions to be completed by 12/11/2020. Class Certification due by 12/11/2020. Rule 26(f) Report due by 1/15/2021. Signed by Judge Irene C. Berger on 5/8/2020. (cc: counsel of record; any unrepresented party) (kew)

May 8, 2020

May 8, 2020

PACER
25

ANSWER TO 22 First Amended Class Action Complaint by Board of Education of the County of Kanawha. (Adkins, J.)

May 11, 2020

May 11, 2020

PACER
26

PARTIAL MOTION by Board of Education of the County of Kanawha, Ron Duerring to Dismiss 22 First Amended Class Action Complaint. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Adkins, J.)

May 11, 2020

May 11, 2020

PACER
27

MEMORANDUM OF LAW by Board of Education of the County of Kanawha, Ron Duerring in support of 26 PARTIAL MOTION by Board of Education of the County of Kanawha, Ron Duerring to Dismiss 22 First Amended Class Action Complaint. (Adkins, J.)

May 11, 2020

May 11, 2020

PACER
28

CERTIFICATE OF SERVICE by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia for First Set of Interrogatories and Requests for Production of Documents to Defendants. (Milnes, Lydia)

May 22, 2020

May 22, 2020

PACER
29

UNOPPOSED MOTION by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia for Leave to Exceed the Page Limitation in Their Opposition to Partial Motion to Dismiss. (Milnes, Lydia)

May 26, 2020

May 26, 2020

PACER
30

MEMORANDUM by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia in opposition to 26 PARTIAL MOTION by Board of Education of the County of Kanawha, Ron Duerring to Dismiss 22 First Amended Class Action Complaint. (Attachment: # 1 Exhibit A)(Milnes, Lydia)

May 26, 2020

May 26, 2020

PACER
31

ORDER granting 29 MOTION by Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia to Exceed Page Limit for Petitioner's Response Brief in Opposition to Defendants' Partial Motion to Dismiss. Signed by Judge Irene C. Berger on 5/27/2020. (cc: counsel of record; any unrepresented party) (ts)

May 27, 2020

May 27, 2020

PACER
32

MOTION by Board of Education of the County of Kanawha, Ron Duerring for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss. (Attachment: # 1 Exhibit A)(Adkins, J.)

June 2, 2020

June 2, 2020

PACER
33

MEMORANDUM by Board of Education of the County of Kanawha, Ron Duerring in support of 32 MOTION by Board of Education of the County of Kanawha, Ron Duerring for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss. (Adkins, J.)

June 2, 2020

June 2, 2020

PACER
34

REPLY by Board of Education of the County of Kanawha, Ron Duerring to 30 Memorandum In Opposition. (Adkins, J.)

June 2, 2020

June 2, 2020

PACER
35

CERTIFICATE OF SERVICE by G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia for Rule 26(a)(1) Disclosures. (Milnes, Lydia) (Modified on 6/4/2020 to add party filers) (kew).

June 3, 2020

June 3, 2020

PACER
36

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha, Ron Duerring for Rule 26(a)(1) Initial Disclosures. (Adkins, J.)

June 3, 2020

June 3, 2020

PACER
37

MOTION by Lori (Peters) Waller for Withdrawal of Counsel on behalf of Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia. (Waller, Lori)

June 5, 2020

June 5, 2020

PACER
38

INCORRECT IMAGE; IMAGE REMOVED. (Modified on 6/5/2020 to remove incorrectly image) (kew).

June 5, 2020

June 5, 2020

PACER
39

CERTIFICATE OF SERVICE by Lori (Peters) Waller for Motion for Withdrawal of Counsel on behalf of Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia. (Waller, Lori)

June 5, 2020

June 5, 2020

PACER

NOTICE OF DOCKET CORRECTION re: #38 Motion to Withdraw. ERROR: Incorrect image attached. CORRECTION: Image removed. (kew)

June 5, 2020

June 5, 2020

PACER

Withdraw As Attorney

June 5, 2020

June 5, 2020

PACER

Notice Of Docket Correction

June 5, 2020

June 5, 2020

PACER
40

OPPOSITION by K. M., G. T., The Arc of West Virginia to 32 MOTION by Board of Education of the County of Kanawha, Ron Duerring for Protective Order and to Stay Discovery Pending Ruling on Defendants' Motion to Dismiss. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2)(Milnes, Lydia)

June 15, 2020

June 15, 2020

PACER
41

REPLY by Board of Education of the County of Kanawha, Ron Duerring to 40 Response In Opposition. (Adkins, J.)

June 19, 2020

June 19, 2020

PACER
42

ORDER denying Defendants' 32 MOTION for Protective Order and 32 MOTION to Stay. The parties are further ORDERED to meet and confer concerning Plaintiffs' proposed protective order and to submit their agreed protective order within three (3) days from the date of this Order for entry. In accordance with Rule 72(a) of the Federal Rules of Civil Procedure, the ruling set forth above on this non-dispositive Motion may be contested by filing within 14 days, objections to this Order with District Judge Irene C. Berger. Signed by Magistrate Judge Omar J. Aboulhosn on 6/22/2020. (cc: counsel of record) (mk)

June 22, 2020

June 22, 2020

PACER
43

PROPOSED ORDER Agreed Protective Order by Board of Education of the County of Kanawha, Ron Duerring, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia. (Adkins, J.) (Modified on 6/25/2020 to add party filers) (kew).

June 25, 2020

June 25, 2020

PACER
44

AGREED PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 6/26/2020. (cc: counsel of record; any unrepresented party) (ts)

June 26, 2020

June 26, 2020

PACER
45

ORDER directing that the 37 MOTION for Withdrawal of Counsel be GRANTED and that Erin Snyder be removed as counsel of record in this matter. Signed by Judge Irene C. Berger on 6/30/2020. (cc: counsel of record; any unrepresented party) (btm)

June 30, 2020

June 30, 2020

PACER
46

MEMORANDUM OPINION AND ORDER: The Court ORDERS that the Defendants' 26 PARTIAL MOTION to Dismiss Amended Complaint be DENIED as to the class claims and The Arc of West Virginia and GRANTED as to Superintendent Ron Duerring; the Court ORDERS that Ron Duerring, Superintendent, Kanawha County Schools, sued in his official capacity, be DISMISSED from this suit. Signed by Judge Irene C. Berger on 7/16/2020. (cc: counsel of record; any unrepresented party) (slr)

July 16, 2020

July 16, 2020

RECAP
47

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

July 27, 2020

July 27, 2020

PACER
48

AMENDED ANSWER to 22 First Amended Class Action Complaint by Board of Education of the County of Kanawha. (Adkins, J.) (Modified on 7/30/2020 to correct link) (kew).

July 30, 2020

July 30, 2020

PACER
49

NOTICE OF WITHDRAWAL OF APPEARANCE by Michael J. Faris on behalf of Danielle M., K. M., Steven M., Michelle, G. T., Jamie T., The Arc of West Virginia. (Faris, Michael)

July 31, 2020

July 31, 2020

PACER
50

STATEMENT OF VISITING ATTORNEY from Kirstin Scheffler Do on behalf of G. T., The Arc of West Virginia. Local counsel: Lydia Milnes. Fee $50.00. Receipt # AWVSDC-7692624. (Milnes, Lydia) (Modified on 8/3/2020 to add party filer) (kew).

July 31, 2020

July 31, 2020

PACER
51

STATEMENT OF VISITING ATTORNEY from Robin M. Hulshizer on behalf of G. T., The Arc of West Virginia. Local counsel: Lydia Milnes. Fee $50.00. Receipt # AWVSDC-7692665. (Milnes, Lydia) (Modified on 8/3/2020 to add party filer) (kew).

July 31, 2020

July 31, 2020

PACER
52

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for First Supplement to Answers and Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

July 31, 2020

July 31, 2020

PACER
53

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for First Set of Interrogatories and Requests for Production. (Adkins, J.)

Aug. 10, 2020

Aug. 10, 2020

PACER
54

CERTIFICATE OF SERVICE by G. T., The Arc of West Virginia, Steven M., Danielle M., K. M., Jamie T., Michelle for First Set of Interrogatories (Revised Nos 1 & 7). (Milnes, Lydia) (Modified on 8/14/2020 to add party filers) (kew).

Aug. 13, 2020

Aug. 13, 2020

PACER
55

CERTIFICATE OF SERVICE by G. T., The Arc of West Virginia, Steven M., Danielle M., K. M., Jamie T., Michelle for Second Set of Requests for Production. (Milnes, Lydia) (Modified on 8/14/2020 to add party filers) (kew).

Aug. 13, 2020

Aug. 13, 2020

PACER
56

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for Defendant's Second Supplement to Answers and Responses to Plaintiffs' First Set of Interrogatories and Requests for Production. (Boothby, Richard)

Aug. 28, 2020

Aug. 28, 2020

PACER
57

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for Third Supplement to Answers and Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

Aug. 31, 2020

Aug. 31, 2020

PACER
58

CERTIFICATE OF SERVICE by Board of Education of the County of Kanawha for ourth Supplement to Answers and Responses to First Set of Interrogatories and Requests for Production. (Boothby, Richard)

Sept. 4, 2020

Sept. 4, 2020

PACER
59

CERTIFICATE OF SERVICE by G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia for Response to First Set of Interrogatories and Response to First Requests for Production of Documents. (Milnes, Lydia) (Modified on 9/9/2020 to add party filers) (kew).

Sept. 9, 2020

Sept. 9, 2020

PACER
60

JOINT MOTION by Board of Education of the County of Kanawha, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia to Extend Deadlines re: 24 Bifurcated Scheduling Order. (Adkins, J.) (Modified on 10/1/2020 to add link to #24 scheduling order and to add party filers) (kew).

Sept. 30, 2020

Sept. 30, 2020

PACER
61

CERTIFICATE OF SERVICE by G. T., G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia for First Supplemental Response to First Requests for Production of Documents. (Milnes, Lydia) (Modified on 10/1/2020 to add party filers) (kew).

Sept. 30, 2020

Sept. 30, 2020

PACER
62

AMENDED BIFURCATED SCHEDULING ORDER granting the 60 JOINT MOTION by Board of Education of the County of Kanawha, G. T., Michelle, Jamie T., K. M., Danielle M., Steven M., The Arc of West Virginia to Extend Deadlines; amending the 24 Bifurcated Scheduling Order as follows: Parties shall respond to all outstanding discovery by 12/15/2020; parties shall complete all class certification discovery requests by 1/15/2021; all class certification discovery shall be completed by 3/17/2021; last date to complete depositions is 4/7/2021. Plaintiff shall file any motion for class certification by 4/16/2021; responses shall be filed and served within 14 days of service of the motion; replies shall be filed and served within 7 days from date of service of the response; Parties shall submit a revised Rule 26(f) Report by 5/17/2021. Signed by Judge Irene C. Berger on 10/1/2020. (cc: counsel of record; any unrepresented party) (slr)

Oct. 1, 2020

Oct. 1, 2020

PACER
63

Notice To Take Or Amend Deposition

Oct. 30, 2020

Oct. 30, 2020

PACER
64

Certificate Of Service

Oct. 30, 2020

Oct. 30, 2020

PACER
65

Certificate Of Service

Nov. 4, 2020

Nov. 4, 2020

PACER
66

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Nov. 5, 2020

Nov. 5, 2020

PACER
67

Notice To Take Or Amend Deposition

Nov. 17, 2020

Nov. 17, 2020

PACER
68

Certificate Of Service

Nov. 18, 2020

Nov. 18, 2020

PACER
69

Certificate Of Service

Nov. 18, 2020

Nov. 18, 2020

PACER
70

Proposed Order

Dec. 4, 2020

Dec. 4, 2020

PACER
71

Order

Dec. 4, 2020

Dec. 4, 2020

PACER
72

Certificate Of Service

Dec. 7, 2020

Dec. 7, 2020

PACER
73

Certificate Of Service

Jan. 15, 2021

Jan. 15, 2021

PACER
74

Certificate Of Service

Jan. 15, 2021

Jan. 15, 2021

PACER
75

Certificate Of Service

Feb. 17, 2021

Feb. 17, 2021

PACER
76

Certificate Of Service

March 12, 2021

March 12, 2021

PACER
77

Take Deposition

March 16, 2021

March 16, 2021

PACER

Motions Referred

March 17, 2021

March 17, 2021

PACER
78

Order AND ~Util - Set Motion And R&R Deadlines/Hearings

March 18, 2021

March 18, 2021

PACER
79

Telephone Conference

March 18, 2021

March 18, 2021

PACER
80

Certificate Of Service

March 18, 2021

March 18, 2021

PACER
81

Certificate Of Service

March 19, 2021

March 19, 2021

PACER
82

Response In Opposition

March 19, 2021

March 19, 2021

PACER
83

Certificate Of Service

March 23, 2021

March 23, 2021

PACER
84

Certificate Of Service

March 23, 2021

March 23, 2021

PACER
85

Certificate Of Service

March 23, 2021

March 23, 2021

PACER
86

Reply To Response

March 23, 2021

March 23, 2021

PACER
87

Certificate Of Service

March 24, 2021

March 24, 2021

PACER
88

Status Conference

March 24, 2021

March 24, 2021

PACER
89

Order on Motion / Application / Petition to Take Deposition

March 24, 2021

March 24, 2021

PACER
90

Certificate Of Service

March 24, 2021

March 24, 2021

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Kanawha County Schools students with disabilities who need behavior supports and have experienced disciplinary removals from any classroom.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Superintendent (Kanawha), School District

Kanawha County Schools (Kanawha), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

School/University policies

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Autism

Intellectual/developmental disability, unspecified

Learning disability

Type of Facility:

Government-run