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Case: Q.T. v. Fairfax County School Board

1:19-cv-01285 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 8, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 8, 2019, the plaintiffs filed this lawsuit in the U.S. District Court for the Eastern District against the Fairfax County School Board. The plaintiffs in this case were students with disabilities and organizations comprised, in part, by parents of children with disabilities. The school board, its superintendent, its assistant superintendent, and its agents (collectively "the defendants") allegedly violated the plaintiffs' rights under the Americans with Disabilities Act (ADA), the Re…

On October 8, 2019, the plaintiffs filed this lawsuit in the U.S. District Court for the Eastern District against the Fairfax County School Board. The plaintiffs in this case were students with disabilities and organizations comprised, in part, by parents of children with disabilities. The school board, its superintendent, its assistant superintendent, and its agents (collectively "the defendants") allegedly violated the plaintiffs' rights under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Fourth and Fourteenth Amendments to the Constitution. The plaintiffs, represented by private counsel, sought injunctive and systemic relief, as well as damages.

Specifically, the plaintiffs brought this action to hold the defendants accountable for their use of restraints and seclusion to punish students with disabilities. Further, the plaintiffs alleged that the defendants failed to document and inform parents of their use of force against and isolation of students. In their complaint, the plaintiffs claimed that the defendants did not impose similar disciplinary responses for students without disabilities.

The student plaintiffs ranged in age from five years old to twelve years old while attending the defendants' schools. These plaintiffs were all children with disabilities under the ADA and the Rehabilitation Act with diagnoses such as non-verbal autism. The complaint alleged that the defendants physically restrained these students and left them in isolation to discipline the students for non-violent behaviors such as throwing headphones in a toilet, refusing to finish worksheets, and refusing to return to the classroom.

The plaintiffs alleged that the defendants used six-by-six-foot padded rooms with magnetically locked doors to keep disabled students in isolation. One student soiled himself until he was released. In some instances, however, the defendants gave the student rubber gloves and a disinfectant wipe and instructed him to go back into the seclusion cell to clean up his own urine.

In their complaint, the plaintiffs additionally alleged that the defendants used unwarranted force against disabled students. Specifically, the plaintiffs claimed that the defendants dragged students down the hallway, used chokeholds, and even gave one student a concussion while restraining him. As a result of this conduct, the student plaintiffs suffered from increased anxiety, trauma in enclosed rooms, and sleeplessness and nightmares.

The parents of these students alleged that the defendants failed to inform guardians of this use of confinement. One parent claimed that she learned of the seclusion rooms when she heard her child screaming, "Somebody help me, please let me out!" from inside a room.

The plaintiffs sought relief under the ADA and the Rehabilitation Act alleging that the defendants disproportionately used restraint and seclusion on students with disabilities as punitive measures. Additionally, the plaintiffs alleged that the defendants deprived the plaintiffs of their Fourth and Fourteenth Amendment rights by subjecting them to unlawful seizures, denying them due process of law, and denying them educational opportunities equal to non-disabled students. As a result, the plaintiffs sought declaratory and monetary relief as well as a preliminary and permanent injunction directing the defendants to cease and desist from using such restraints and seclusions and to develop an appropriate alternative system.

On January 13, 2020, the defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. Judge Rossie D. Alston, Jr., granted in part and denied in part the defendants' motion for dismissal on January 14, 2020, dismissing counts two and three as they pertained to the individual plaintiffs, and counts one, two, and three as they pertained to the organizational plaintiffs. Judge Alston, however, granted the plaintiffs permission to file an amended complaint.

The plaintiffs filed a second amended complaint on August 4, 2020, adding additional individual plaintiffs as well as organizational plaintiffs. In their second amended complaint, the plaintiffs detailed the defendants' obligation to use the least restrictive measures to respond to students and to abstain from removing students from the learning environment for unreasonable or unnecessary periods of time.

On August 25, 2020, the Fairfax County Public Schools Superintendent and Assistant Superintendent filed a motion to dismiss the case for failure to state a claim specific to these two defendants.

Following the defendants' second motion to dismiss, the plaintiffs filed a notice of voluntary dismissal on October 2, 2020, dismissing their case against the Fairfax County Public Schools Superintendent and Assistant Superintendent. Judge Alston entered the order of dismissal on the same day, leaving only the claims against the Fairfax County School Board ("the defendant") remaining.

After months of litigation, the defendant filed a motion to sever the plaintiffs on April 22, 2021. Without resolving this motion, the parties stayed litigation pending settlement negotiations.

Eight months later, the parties reached an agreement. On December 2, 2021, Judge Rossie D. Alston, Jr., entered a consent order enjoining the defendant from using seclusion in all Fairfax County Public Schools by January 1, 2021, with the exception of one school that would prohibit seclusion by January 1, 2022, and two schools that would do the same by the start of the 2022-2023 school year. The defendant also agreed to develop procedures, training, and milestones aimed at ending seclusion in these three schools as soon as possible. As part of the consent order, the court ordered the defendants to provide quarterly reports until all Fairfax County Public Schools prohibited seclusion.

On December 15, 2021, the case was dismissed with prejudice based on the parties' consent order and subsequent stipulation of dismissal. The court, though, retained jurisdiction over this case through December 2, 2024.

Summary Authors

Richa Bijlani (2/5/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16308305/parties/qt-v-fairfax-county-school-board/


Judge(s)

Alston, Rossie David Jr. (Virginia)

Anderson, John F. (Virginia)

Attorneys(s) for Plaintiff

Byrnes, Kevin Edward (Virginia)

Graber, Abigail (Maryland)

Hill, Eve Lynne (Maryland)

Kline, Regina (Maryland)

Krevor-Weisbaum, Sharon (Maryland)

May, Anthony J (Maryland)

Attorneys(s) for Defendant

Eckstein, Maya Miriam (Virginia)

McGuire, Matthew R. (Virginia)

Judge(s)

Alston, Rossie David Jr. (Virginia)

Anderson, John F. (Virginia)

Attorneys(s) for Plaintiff

Byrnes, Kevin Edward (Virginia)

Graber, Abigail (Maryland)

Hill, Eve Lynne (Maryland)

Kline, Regina (Maryland)

Krevor-Weisbaum, Sharon (Maryland)

May, Anthony J (Maryland)

Attorneys(s) for Defendant

Eckstein, Maya Miriam (Virginia)

McGuire, Matthew R. (Virginia)

Raphael, Stuart Alan (District of Columbia)

Documents in the Clearinghouse

Document

1:19-cv-01285

Docket [PACER]

Sept. 9, 2021

Sept. 9, 2021

Docket
1

1:19-cv-01285

Complaint

Oct. 8, 2019

Oct. 8, 2019

Complaint
33

1:19-cv-01285

Order

July 14, 2020

July 14, 2020

Order/Opinion
40

1:19-cv-01285

Second Amended Complaint

Aug. 4, 2020

Aug. 4, 2020

Complaint
89

1:19-cv-01285

Consent Order

Dec. 2, 2021

Dec. 2, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16308305/qt-v-fairfax-county-school-board/

Last updated Sept. 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

Complaint ( Filing fee $ 400, receipt number 0422-6876713.), filed by Autistic Self Advocacy Network, D. O., Communication First, A. O., C. T., Q. T., Council of Parent Attorneys and Advocates. (Attachments: # 1 Civil Cover Sheet)(Byrnes, Kevin) (Entered: 10/08/2019)

1 Civil Cover Sheet

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Oct. 8, 2019

Oct. 8, 2019

Clearinghouse
2

Waiver of Service Returned Unexecuted as to Fairfax County School Board, Dr. Scott Braband, and Teresa Johnson, filed by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Main Document 2 replaced on 10/10/2019) filed in error per clerk's notification (acha, ). (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

PACER

Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge John F. Anderson. (acha, )

Oct. 8, 2019

Oct. 8, 2019

PACER

Case Reassigned to District Judge Rossie D. Alston, Jr and Magistrate Judge John F. Anderson. District Judge Leonie M. Brinkema no longer assigned to the case. (acha, )

Oct. 9, 2019

Oct. 9, 2019

PACER
3

WAIVER OF SERVICE Returned Executed by Autistic Self Advocacy Network, D. O., Communication First, A. O., C. T., Q. T., Council of Parent Attorneys and Advocates. Scott Braband waiver sent on 10/8/2019, answer due 12/9/2019; Fairfax County School Board waiver sent on 10/8/2019, answer due 12/9/2019; Teresa Johnson waiver sent on 10/8/2019, answer due 12/9/2019. (Byrnes, Kevin) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
4

First Motion to appear Pro Hac Vice by Anthony Jovi May and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882528. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
5

First Motion to appear Pro Hac Vice by Eve Lynne Hill and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882552. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
6

First Motion to appear Pro Hac Vice by Regina Kline and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882564. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
7

First Motion to appear Pro Hac Vice by Sharon Krevor-Weisbaum and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882571. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
8

ORDER granting 4 Motion for Pro hac vice Anthony Jovi May. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
9

ORDER granting 5 Motion for Pro hac vice for Eve Lynne Hill. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
10

ORDER granting 6 Motion for Pro hac vice for Regina Kline. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
11

ORDER granting 7 Motion for Pro hac vice for Sharon Krevor-Weisbaum. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
12

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Setting Filing Schedule for Amended Complaint and Motion to Dismiss Amended Complaint, and Temporarily Staying Issuance of Scheduling Order by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Proposed Order Setting Filing and Briefing Schedule and Temporarily Staying Issuance of Scheduling Order)(Raphael, Stuart) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
13

Waiver of re 12 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Setting Filing Schedule for Amended Complaint and Motion to Dismiss Amended Complaint, and Temporarily Staying Issuance of Scheduling Order WAIVER OF HEARING by Scott Braband, Fairfax County School Board, Teresa Johnson (Raphael, Stuart) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
14

NOTICE of Appearance by Maya Miriam Eckstein on behalf of Scott Braband, Fairfax County School Board, Teresa Johnson (Eckstein, Maya) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
15

NOTICE of Appearance by Matthew Robert McGuire on behalf of Scott Braband, Fairfax County School Board, Teresa Johnson (McGuire, Matthew) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
16

ORDER granting 12 Motion for Extension of Time to File Response/Reply re 12 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Setting Filing Schedule for Amended Complaint and Motion to Dismiss Amended Complaint, and Temporarily Staying Issuance of Scheduling Order Responses due by 1/13/2020 Replies due by 2/21/2020. Signed by District Judge Rossie D. Alston, Jr on 12/10/2019. (See order for further details). (acha, ) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

PACER

Plaintiff's Amended Complaint due by 12/13/2019. (acha, )

Dec. 10, 2019

Dec. 10, 2019

PACER
17

AMENDED COMPLAINT against Scott Braband, Fairfax County School Board, Teresa Johnson, filed by Autistic Self Advocacy Network, D. O., Communication First, A. O., C. T., Q. T., Council of Parent Attorneys and Advocates, J. M., J. R.. (Attachments: # 1 Exhibit FCPS Restraint and Seclusion Reports)(Byrnes, Kevin) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
18

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
19

Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Exhibit A - Guidelines, # 2 Exhibit B - Decl. of Teresa Johnson)(McGuire, Matthew) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
20

MOTION to Stay Issuance of the Scheduling Order, or in the Alternative, to Stay Discovery Pending Disposition of Dispositive Motions by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Exhibit A - Proposed Order)(Eckstein, Maya) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
21

Memorandum in Support re 20 MOTION to Stay Issuance of the Scheduling Order, or in the Alternative, to Stay Discovery Pending Disposition of Dispositive Motions filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (Eckstein, Maya) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
22

Notice of Hearing Date set for March 20, 2020 re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 19 Memorandum in Support, (McGuire, Matthew) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER

Notice of Correction re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . The filing user has been notified to file a Notice of Hearing Date. (acha, )

Jan. 13, 2020

Jan. 13, 2020

PACER
23

ORDER- Accordingly, it is ORDERED that the Court will not issue the scheduling order until the pending motion (Dkt. 18 ) to dismiss is resolved IT IS FURTHER ORDERED that discovery in this case is stayed pending resolution of the School Board's and individual school defendants' motions to dismiss (Dkt. 18 ). Signed by District Judge Rossie D. Alston, Jr on 1/14/2020. (See order for further details). (acha, ) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER

Set Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 3/20/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr.. (clar, )

Jan. 14, 2020

Jan. 14, 2020

PACER
24

Opposition to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, Notice of Correction, 19 Memorandum in Support, filed by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Byrnes, Kevin) (Entered: 02/12/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Feb. 12, 2020

Feb. 12, 2020

RECAP
25

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER

Per RDA chambers motions set for 3/20/2020 have been POSTPONED and CONTINUED In pursuant to the General Order No. 2020-03 (clar, )

March 17, 2020

March 17, 2020

PACER
26

MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order Proposed Order)(Byrnes, Kevin) (Entered: 06/23/2020)

1 Proposed Order Proposed Order

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June 23, 2020

June 23, 2020

RECAP
27

NOTICE by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. re 19 Memorandum in Support, Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Byrnes, Kevin) (Entered: 06/23/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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June 23, 2020

June 23, 2020

RECAP
28

Notice of Hearing Date re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 26 MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss, 27 NOTICE,, 19 Memorandum in Support, (Byrnes, Kevin) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

Set/Reset Deadlines as to 26 MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss, 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 6/23/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. (clar, )

June 24, 2020

June 24, 2020

PACER
29

RESPONSE to Motion re 26 MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(McGuire, Matthew) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
30

ORDER- It is hereby ORDERED that Motion (Dkt. 26) is GRANTED; IT IS FURTHER ORDERED that Plaintiffs file a motion with their supplemental authority on or before July 1, 2020; IT IS FURTHER ORDERED that Defendants respond with any supplemental authority they may have on or before July 8, 2020; and IT IS FURTHER ORDERED that both Plaintiffs' and Defendants' filings containing such supplemental authority be no longer than 10 pages, and otherwise comply with the formatting requirements of Local Civil Rule 7(F)(3). Signed by District Judge Rossie D. Alston, Jr on 6/26/2020. (See order for further details). (acha, ) Copy sent (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

RECAP

Set/Reset Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Responses due by 7/1/2020 Replies due by 7/8/2020. (acha, )

June 26, 2020

June 26, 2020

PACER
31

NOTICE by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 19 Memorandum in Support, Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Byrnes, Kevin) (Entered: 07/01/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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July 1, 2020

July 1, 2020

RECAP
32

Response to 31 NOTICE,, of Supplemental Authority filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
33

ORDER- For the foregoing reasons, it is hereby ORDERED that Defendants Motion (Dkt. 18 ) is DENIED in part and GRANTED in part. IT IS FURTHER ORDERED that Counts Two and Three of the Amended Complaint (Dkt. 17) be DISMISSED, without prejudice. This Court grants the Individual Plaintiffs leave to amend their Amended Complaint. IT IS FURTHER ORDERED that Counts One, Two, and Three of the Amended Complaint (Dtk. 17) be DISMISSED, without prejudice, as it pertains to the Organizational Plaintiffs. This Court grants the Organizational Plaintiffs leave to amend their Amended Complaint. Signed by District Judge Rossie D. Alston, Jr on 7/14/2020. (See order for further details). (acha, ) Copies sent as directed in the order. (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

Clearinghouse
34

Consent MOTION Setting Dates to File Amended Complaint and Responsive Pleading by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Proposed Order)(McGuire, Matthew) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
35

ORDER granting 34 Consent Motion Setting Dates to File Amended Complaint and Responsive; suspending the July 28, 2020 deadline by which defendants are required to respond; directing that plaintiff's will file their second amended complaint by August 4, 2020; directing that defendants will file their response to plaintiff's second amended complaint by August 25, 2020. Signed by District Judge Rossie D. Alston, Jr on 7/27/2020. (aott) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
36

MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Proposed Order)(McGuire, Matthew) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
37

Brief in Support to 36 MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
38

Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal, 37 Brief in Support, by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
39

ORDER granting 38 Consent Motion for Order Setting Dates to Respond (See order for details). Signed by District Judge Rossie D. Alston, Jr on 07/30/2020. (jlan) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
40

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Autistic Self Advocacy Network, J. R., D. O., Communication First, A. O., C. T., Q. T., J. M., Council of Parent Attorneys and Advocates. (Attachments: # 1 Exhibit 1)(Byrnes, Kevin) (Entered: 08/04/2020)

1 Exhibit 1

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Aug. 4, 2020

Aug. 4, 2020

Clearinghouse
41

RESPONSE in Opposition re 36 MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal filed by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Byrnes, Kevin) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
42

ANSWER to Complaint SECOND AMENDED by Fairfax County School Board.(McGuire, Matthew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
43

MOTION to Dismiss for Failure to State a Claim by Scott Braband, Teresa Johnson. (McGuire, Matthew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
44

Memorandum in Support re 43 MOTION to Dismiss for Failure to State a Claim filed by Scott Braband, Teresa Johnson. (McGuire, Matthew) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
45

MOTION to Withdraw as Attorney Motion to Withdraw Appearance of Regina Kline by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
46

REPLY to Response to Motion re 36 MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
47

ORDER granting 45 Motion to Withdraw as Attorney. The appearance of Regina Kline, admitted Pro Hac Vice, is hereby WITHDRAWN. Signed by Magistrate Judge John F. Anderson on 08/28/2020. (dvanm, ) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
48

Motion to appear Pro Hac Vice by Jessica Paulie Weber and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-7375339. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Byrnes, Kevin) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
49

Notice of Hearing Date set for September 23, 2020 re 43 MOTION to Dismiss for Failure to State a Claim (McGuire, Matthew) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
50

Notice of Hearing Date set for September 23, 2020 re 36 MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal (McGuire, Matthew) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
51

NOTICE of Voluntary Dismissal by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. (Byrnes, Kevin) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
52

ORDER granting 48 Motion for Pro hac vice as to Jessica Paulie Weber. Signed by District Judge Rossie D. Alston, Jr on 09/02/2020. (dvanm, ) (Entered: 09/03/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

Set Deadlines as to 36 MOTION to Amend/Correct 33 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Defendants' Motion to Amend the July 14, 2020 Order to Certify it for Interlocutory Appeal, 43 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 9/23/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. (clar, )

Sept. 2, 2020

Sept. 2, 2020

PACER

Per RDA chambers motions set for 9/30/2020 on the pleadings. The Court also considers the guidance set forth in General Order 2020-16. (clar, )

Sept. 3, 2020

Sept. 3, 2020

PACER

Per RDA chambers motions set for 9/23/2020 on the pleadings. The Court also considers the guidance set forth in General Order 2020-16. (clar, )

Sept. 3, 2020

Sept. 3, 2020

PACER
53

So Ordered re 51 Notice of Voluntary Dismissal filed by C.T., A.O., J.R., Council of Parent Attorneys and Advocates, Q.T., Autistic Self Advocacy Network, D.O., Communication First, J. M. Plaintiffs' claims against Defendants Dr. Scott Braband and Teresa Johnson are DISMISSED without prejudice. At this juncture, Plaintiffs claims against Defendant FairfaxCounty School Board are to remain intact. Signed by District Judge Rossie D. Alston, Jr on 10/02/2020. (dvanm, ) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
54

ORDER denying 36 Motion to Amend. Signed by District Judge Rossie D. Alston, Jr on 10/29/2020. (dvanm, ) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
55

SCHEDULING ORDER: Initial Pretrial Conference set for 5/12/2021 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 8/26/2021 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. Discovery due by 8/20/2021. Signed by District Judge Rossie D. Alston, Jr on 4/22/21. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(tarm) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
56

MOTION to Sever Plaintiffs by Fairfax County School Board. (Eckstein, Maya) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
57

Memorandum in Support re 56 MOTION to Sever Plaintiffs filed by Fairfax County School Board. (Eckstein, Maya) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER

Notice of Correction re 56 MOTION to Sever Plaintiffs. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm, )

April 23, 2021

April 23, 2021

PACER
58

Joint MOTION to Stay by Fairfax County School Board. (Attachments: # 1 Proposed Order Proposed Order re Motion to Stay)(Eckstein, Maya) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
59

Waiver of re 58 Joint MOTION to Stay Notice of Waiver of Oral Argument by Fairfax County School Board (Eckstein, Maya) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
60

ORDERED that 58 the Motion is GRANTED; and IT IS FURTHER ORDERED that the proceedings in this matter, including scheduling, discovery, and briefing deadlines on motions, are STAYED for a period of 30 days from the date of this Order, as the parties seek to try to resolve this matter. Signed by District Judge Rossie D. Alston, Jr on 05/05/2021. (dvanm, ) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
61

ORDER - ORDERED that the initial pretrial conference is continued from May 12, 2021 to June 16, 2021 at 11:00 a.m. The parties shall submit a proposed joint discovery plan pursuant to the scheduling order by June 9, 2021. Signed by Magistrate Judge John F. Anderson on 05/05/2021. (wgar, ) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER

Initial Pretrial Conference reset for 6/16/2021 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (wgar, )

May 5, 2021

May 5, 2021

PACER
62

Joint MOTION for Extension of Stay by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order Granting Motion to Extend Stay)(Byrnes, Kevin) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
63

Waiver of re 62 Joint MOTION for Extension of Stay Oral Argument by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. (Byrnes, Kevin) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
64

Motion to appear Pro Hac Vice by Abigail Graber and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-7823858. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Byrnes, Kevin) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
65

ORDER granting 64 Motion for Pro hac vice Appointed Abigail Graber for Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., and Q. T. Signed by Magistrate Judge John F. Anderson on 06/03/2021. (jlan) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
66

Opposition to 56 MOTION to Sever Plaintiffs filed by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Declaration of Jessica P. Weber)(Byrnes, Kevin) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
67

ORDER granting 62 Joint Motion to Extend Stay through July 6, 2021. Signed by District Judge Rossie D. Alston, Jr on 06/09/2021. (dvanm, ) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
68

ORDER continuing the Rule 16 conference from Wednesday, June 16, 2021 to Wednesday, July 21, 2021 at 11:00. The parties shall file a proposed discovery plan pursuant to the scheduling order by July 14, 2021. Signed by Magistrate Judge John F. Anderson on 06/09/2021. (dvanm, ) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER

Reset Hearings: Initial Pretrial Conference set for 7/21/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge John F. Anderson. (dvanm, )

June 9, 2021

June 9, 2021

PACER
69

Joint MOTION for Extension of Stay by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
70

ORDER granting 69 Joint MOTION for Extension of Stay; and IT IS FURTHER ORDERED that the proceedings in this matter, including scheduling, discovery, and briefing dates on any motions, are STAYED through August 5, 2021, as the parties seek to try to resolve this matter. Signed by District Judge Rossie D. Alston, Jr on 7/6/2021. (dest) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
71

ORDERED that the initial pretrial conference scheduled for July 21, 2021 at 11 :00 a.m. is cancelled. A status conference will be held at 10:00 a.m. on Friday, August 6, 2021 before the undersigned unless a stipulated order of dismissal is filed. Signed by Magistrate Judge John F. Anderson on 7/9/2021. (swil) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER

Set Hearings: Status Conference set for 8/6/2021 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (swil)

July 9, 2021

July 9, 2021

PACER
72

Joint MOTION for Extension of Stay by Fairfax County School Board. (Attachments: # 1 Proposed Order)(Eckstein, Maya) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
73

ORDER - ORDERED that the status conference currently scheduled for August 6, 2021 is cancelled. A status conference will be rescheduled once the District Judge has decided whether to continue the stay any further. While the parties' efforts to resolve this case are commendable, there comes a time when they must decide whether to resolve a dispute or to proceed. Signed by Magistrate Judge John F. Anderson on 08/05/2021. (wgar, ) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
74

RESPONSE in Support re 56 MOTION to Sever Plaintiffs filed by Fairfax County School Board. (Eckstein, Maya) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
75

ORDER granting 72 Joint Motion to Extend Stay. IT IS FURTHER ORDERED that the proceedings in this matter, including scheduling, discovery, and briefing dates on any motions, are STAYED through September 7, 2021, as the parties seek to try to resolve this matter. Signed by District Judge Rossie D. Alston, Jr on 08/09/2021. (dvanm, ) (Entered: 08/10/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
76

MOTION to Withdraw as Attorney by Fairfax County School Board. (Raphael, Stuart) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
77

ORDER granting 76 Motion to Withdraw as Attorney. Attorney Stuart Alan Raphael terminated. Signed by Magistrate Judge John F. Anderson on 08/18/2021. (dvanm, ) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
78

Joint MOTION to Stay Based on Settlement of Claims by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
79

Waiver of re 78 Joint MOTION to Stay Based on Settlement of Claims by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. (Byrnes, Kevin) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
80

MOTION to Withdraw as Attorney Withdraw Appearance of Abigail Garber by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
81

ORDER granting 80 Motion to Withdraw as Attorney. Attorney Abigail Graber terminated. Signed by Magistrate Judge John F. Anderson on 10/04/2021. (dvanm, ) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
82

ORDERED the motion to stay (Docket no. 78) is granted in part and that a status conference will be held before the undersigned on Friday, November 12, 2021 at 10:00 a.m. If a stipulated order of dismissal is filed by November 11, 2021, the status conference will be cancelled. All other action in this case is stayed until November 12, 2021. Signed by Magistrate Judge John F. Anderson on 10/29/2021. (dvanm, ) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER

Set Hearings: Status Conference set for 11/12/2021 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (dvanm, )

Oct. 29, 2021

Oct. 29, 2021

PACER
83

Joint MOTION to Continue November 12, 2021 Status Conference, and Joint Status Report by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
84

Waiver of re 83 Joint MOTION to Continue November 12, 2021 Status Conference, and Joint Status Report Notice of Waiver of Hearing by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. (Byrnes, Kevin) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 8, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Students with disabilities and organizations comprised, in part, by parents of children with disabilities.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fairfax County School Board (Fairfax), School District

Superintendent of Schools (Fairfax), County

Assistant Superintendent of Schools (Fairfax), County

Fairfax County School Board (Fairfax, Fairfax), County

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.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 2021 - None

Content of Injunction:

Remedial education

Discrimination Prohibition

Develop anti-discrimination policy

Provide antidiscrimination training

Monitor/Master

Recordkeeping

Training

Issues

General:

Assault/abuse by staff

Disciplinary procedures

Disciplinary segregation

Disparate Treatment

Education

Failure to discipline

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Juveniles

Parents (visitation, involvement)

Pattern or Practice

Record-keeping

Restraints : physical

School/University Facilities

School/University policies

Solitary confinement/Supermax (conditions or process)

Special education

Staff (number, training, qualifications, wages)

Discrimination-area:

Discipline

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Least restrictive environment

Mental impairment

Mental Disability:

Autism

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Learning disability

Type of Facility:

Government-run