Case: Disability Law Center v. Anchorage School District

3:07-cv-00131 | U.S. District Court for the District of Alaska

Filed Date: July 16, 2007

Closed Date: Oct. 1, 2009

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s records access authority for directory information records. On June 16, 2007, Disability Law Center of Alaska (DLC), Alaska’s P&A, filed this lawsuit in the U.S. District Court for the District of Alaska. Represented by itself, DLC alleged that the Anchorage School District violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI …

This is a case about a protection and advocacy (P&A) agency’s records access authority for directory information records. On June 16, 2007, Disability Law Center of Alaska (DLC), Alaska’s P&A, filed this lawsuit in the U.S. District Court for the District of Alaska. Represented by itself, DLC alleged that the Anchorage School District violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) when they refused to provide plaintiffs with directory information for parents and guardians of students in a particular school classroom. Judge Ralph. R. Beistline presided over this matter.

This case began after DLC received multiple corroborating complaints about a particular intensive needs classroom operated by the District. DLC opened an investigation, and sought records concerning all incidents that occurred in this classroom, as well as directory information for the parents and guardians of students in this classroom. While the District provided some records, they maintained that providing the directory information records violated the Family Educational Rights and Privacy Act (FERPA). On September 26, 2007, the court reviewed DLC’s Motion for Temporary Restraining Order and Preliminary Injunction. The court found that the P&A lacked probable cause to request the parent/guardian directory information because the District already provided the P&A with many of the records they requested, and all District staff in the classroom under investigation resigned or were not returning for the next school year. Moreover, the court determined that based on the facts and circumstances of this matter, the DD and PAIMI Acts did not override FERPA regardless of DLC’s probable cause determination. DLC appealed this decision to the U.S. Circuit Court of Appeals for the Ninth Circuit. On September 9, 2009, the Ninth Circuit overturned the lower court’s decision. The court found that the lower court did not use the proper standard for reviewing DLC’s probable cause determination, and that the P&A did establish probable cause for the records request. Moreover, the court found that FERPA did not bar the P&A access to parent/guardian directory information. On September 24, 2009, the parties stipulated to a dismissal because DLC received the directory records.  The case remains closed.

Summary Authors

NDRN (7/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4683585/parties/disability-law-center-of-alaska-inc-v-anchorage-school-district/


Judge(s)

Beistline, Ralph R. (Alaska)

Attorney for Plaintiff

Johanknecht, Holly J. (Alaska)

Attorney for Defendant

Allen, Kimberly J. (Alaska)

Mandala, Cheryl (Alaska)

Owens, Bradley D. (Alaska)

show all people

Documents in the Clearinghouse

Document
1

3:07-cv-00131

Complaint

July 16, 7

July 16, 7

Complaint
5

3:07-cv-00131

Memorandum in Support of Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order

Disability Law Center, Inc. v. Anchorage School District

July 23, 2007

July 23, 2007

Pleading / Motion / Brief
23

3:07-cv-00131

Order Denying Motion for Temporary Restraining Order and Preliminary Injunction

Sept. 26, 2007

Sept. 26, 2007

Order/Opinion

2007 WL 2007

08-35057

Opinion of the Court

U.S. Court of Appeals for the Ninth Circuit

Sept. 9, 2009

Sept. 9, 2009

Order/Opinion

581 F.3d 581

54

3:07-cv-00131

Stipulation to Dismiss

Sept. 24, 2009

Sept. 24, 2009

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4683585/disability-law-center-of-alaska-inc-v-anchorage-school-district/

Last updated Feb. 23, 2024, 4:54 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anchorage School District (Filing fee $350.), filed by Disability Law Center of Alaska, Inc.(PXS, COURT STAFF) (Entered: 07/17/2007)

July 16, 2007

July 16, 2007

Clearinghouse
3

WAIVER OF SERVICE Returned Executed by Disability Law Center of Alaska, Inc.. Anchorage School District waiver sent on 7/17/2007, answer due 9/17/2007. (Allison, Megan) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

PACER
4

First MOTION for Temporary Restraining Order Shortened Time by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

PACER
5

MEMORANDUM in support of motion for TRO by Disability Law Center of Alaska, Inc. 4 First MOTION for Temporary Restraining Order Shortened Time filed by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Exhibit to Declaration of Ronald Cowan# 5 Exhibit to Affidavit of HJ# 6 Exhibit to affidavit of HJ# 7 Exhibit to affidavit of HJ# 8 Exhibit to affidavit of HJ# 9 Exhibit to affidavit of HJ# 10 Exhibit to affidavit of HJ)(Johanknecht, Holly) Modified on 7/24/2007 to restrict access to exhibits. (CPB, COURT STAFF). (Entered: 07/23/2007)

2 Affidavit

View on PACER

3 Affidavit

View on PACER

4 Affidavit

View on PACER

July 23, 2007

July 23, 2007

Clearinghouse
6

MOTION shortened time re 5 Memorandum,, 4 First MOTION for Temporary Restraining Order Shortened Time by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

PACER
7

AFFIDAVIT of Holly Johanknecht re 5 Memorandum,, 6 MOTION shortened time re 5 Memorandum,, 4 First MOTION for Temporary Restraining Order Shortened Time, 4 First MOTION for Temporary Restraining Order Shortened Time by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 # 5 Exhibit # 6 Exhibit)(Johanknecht, Holly) Modified on 7/24/2007 to restrict access to exhibits(CPB, COURT STAFF). (Entered: 07/23/2007)

July 23, 2007

July 23, 2007

PACER

Docket Annotation re 4, 5, 6 and 7 ; No entry of appearance has been filed on behalf of the defendant, therefore no electronic service by CM/ECF has been accomplished regarding dockets 4 - 7. Counsel for plaintiff shall file with this court a certificate of service regarding documents 4 - 7. No action will be taken on the motions until the Court is satisfied that defendant or defendant's counsel have been served with dockets 4 - 7. (CPB, COURT STAFF)

July 25, 2007

July 25, 2007

PACER
8

CERTIFICATE OF SERVICE by Disability Law Center of Alaska, Inc. re 5 Memorandum,, 6 MOTION shortened time re 5 Memorandum,, 4 First MOTION for Temporary Restraining Order Shortened Time, 7 Affidavit, 4 First MOTION for Temporary Restraining Order Shortened Time (Attachments: # 1 Exhibit A)(Johanknecht, Holly) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

PACER
9

NOTICE of Hearing: Status Conference set for 7/31/2007 at 10:00 AM in Anchorage Courtroom 2 before Ralph R. Beistline. Counsel for Plaintiff to serve this notice on Defendant and file proof of service with the Court.(JPS, COURT STAFF) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
10

CERTIFICATE OF SERVICE by Disability Law Center of Alaska, Inc. re 9 Notice of Hearing (Attachments: # 1 Exhibit A)(Johanknecht, Holly) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
11

RESPONSE in Opposition re 6 MOTION shortened time re 5 Memorandum,, 4 First MOTION for Temporary Restraining Order Shortened Time filed by Anchorage School District. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Owens, Bradley) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
12

NOTICE of Appearance by Kimberly J. Allen on behalf of Anchorage School District (Allen, Kimberly) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

PACER
13

REPLY to Response to Motion re 6 MOTION shortened time re 5 Memorandum,, 4 First MOTION for Temporary Restraining Order Shortened Time filed by Disability Law Center of Alaska, Inc.. (Johanknecht, Holly) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

PACER
14

Minute Entry for proceedings held before Judge Ralph R. Beistline : Status Conference held on 7/31/2007. Ms. Allen to file response 08/15/07; reply due 3 days after response filed. (Court Recorder CME.)Plaintiff Counsel-Holly Johanknecht and Meg Allison; Defense Counsel-Kimberly Allen; (CME, COURT STAFF) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
15

NOTICE of Supplemental Authority by Disability Law Center of Alaska, Inc. (Attachments: # 1 Supplement Authority)(Johanknecht, Holly) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
16

ANSWER to Complaint by Anchorage School District.(Allen, Kimberly) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
17

RESPONSE in Opposition re 4 First MOTION for Temporary Restraining Order Shortened Time Preliminary Injunction filed by Anchorage School District. (Attachments: # 1 Affidavit Aff. of Eudora Fraczek# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3# 5 Exhibit Exhibit 4# 6 Exhibit Exhibit 5# 7 Exhibit Exhibit 6# 8 Exhibit Exhibit 7# 9 Exhibit Exhibit 8# 10 Exhibit Exhibit 9# 11 Exhibit Exhibit 10# 12 Exhibit Exhibit 11# 13 Exhibit Exhibit 12# 14 Exhibit Exhibit 13# 15 Exhibit Exhibit 14# 16 Exhibit Exhibit 15)(Allen, Kimberly) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
18

REPLY to Response to Motion re 4 First MOTION for Temporary Restraining Order Shortened Time filed by Disability Law Center of Alaska, Inc.. (Johanknecht, Holly) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER
19

MOTION for Hearing Request for Oral Argument by Anchorage School District. (Attachments: # 1 Affidavit # 2 Proposed Order)(Allen, Kimberly) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

PACER
20

MOTION for Leave to File Supplemental Opposition by Anchorage School District. (Attachments: # 1 Affidavit)(Allen, Kimberly) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

PACER
21

Supplemental Opposition To Plaintiff's Reply to Defendant's Opposition to Motion for Preminary Injuction filed by Anchorage School District. (Allen, Kimberly) Modified on 8/24/2007 (JPS, COURT STAFF). (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

PACER
22

RESPONSE in Opposition re 20 MOTION for Leave to File Supplemental Opposition filed by Disability Law Center of Alaska, Inc.. (Johanknecht, Holly) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
23

ORDER denying 4 Motion for TRO and Preliminary Injunction. (JPS, COURT STAFF) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

Clearinghouse
24

MOTION for Attorney Fees by Anchorage School District. (Attachments: # 1 Proposed Order)(Owens, Bradley) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
25

AFFIDAVIT of Counsel re 24 MOTION for Attorney Fees by Anchorage School District. (Owens, Bradley) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
26

NOTICE of Telephonic Cost Bill Hearing by Anchorage School District (Owens, Bradley) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
27

BILL OF COSTS by Anchorage School District. (Owens, Bradley) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
28

JUDGMENT, this action is Dismissed on the Merits and that the Anchorage School District recover costs from Disability Law Center of Alaska, Inc. Signed by Judge Ralph R. Beistline on 10/05/2007. (LGK, COURT STAFF) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
29

RESPONSE in Opposition re 24 MOTION for Attorney Fees filed by Disability Law Center of Alaska, Inc.. (Allison, Megan) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
30

Clerk's Taxation of Costs in amount of $ 111.16 against Plaintiff. (Attachments: # 1 Judgment with Costs Added for Redistribution) (CLW, COURT STAFF) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER
31

REPLY to Response to Motion re 24 MOTION for Attorney Fees filed by Anchorage School District. (Owens, Bradley) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
32

ORDER granting 24 Motion for Attorney Fees in the amount of $3,174.80. (JPS, COURT STAFF) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

PACER
33

MOTION for Reconsideration re 28 Judgment by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Proposed Order)(Allison, Megan) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
34

MEMORANDUM by Disability Law Center of Alaska, Inc. 33 MOTION for Reconsideration re 28 Judgment filed by Disability Law Center of Alaska, Inc.. (Allison, Megan) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
35

ORDER REGARDING RECONSIDERATION. Plaintiff has filed a Motion for Reconsideration at Docket 33 . Defendant has until the close of business on Friday, November 2, 2007, in which to file a response to Plaintiff's motion, after which the Court will take the matter under advisement. (JPS, COURT STAFF) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
36

RESPONSE in Opposition re 33 MOTION for Reconsideration re 28 Judgment filed by Anchorage School District. (Owens, Bradley) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER
37

NOTICE of Appearance by Cheryl Mandala on behalf of Anchorage School District (Mandala, Cheryl) (Entered: 10/31/2007)

Oct. 31, 2007

Oct. 31, 2007

PACER
38

REPLY to Response to Motion re 33 MOTION for Reconsideration re 28 Judgment filed by Disability Law Center of Alaska, Inc.. (Johanknecht, Holly) (Entered: 11/05/2007)

Nov. 5, 2007

Nov. 5, 2007

PACER
39

NOTICE of Objection to Unauthorized Reply by Anchorage School District re 38 Reply to Response to Motion (Owens, Bradley) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
40

MOTION for Leave to File Reply by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Proposed Order)(Johanknecht, Holly) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
41

NOTICE of Filing Proposed Reply by Disability Law Center of Alaska, Inc. re 40 MOTION for Leave to File Reply (Attachments: # 1 Exhibit)(Johanknecht, Holly) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
42

MINUTE ORDER: The Court will accept Plaintiff's Reply to the Motion for Reconsideration. Defendant has until the close of business on DECEMBER 5, 2007, to respond thereto, in seven pages or less. (JPS, COURT STAFF) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

PACER
43

RESPONSE TO ORDER ASD's Memorandum in Response to Reply to Opposition to Plaintiff's Motion for Reconsideration [Order is Doc. 42] by Anchorage School District. (Mandala, Cheryl) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

PACER
44

ORDER denying 33 Motion for Reconsideration. Signed by Judge Ralph R. Beistline on 12/10/2007. (JPS, COURT STAFF) (Entered: 12/11/2007)

Dec. 11, 2007

Dec. 11, 2007

PACER
45

NOTICE OF APPEAL as to 44 Order on Motion for Reconsideration, 28 Judgment, 32 Order on Motion for Attorney Fees by Disability Law Center of Alaska, Inc.. Filing fee $ 455. (Johanknecht, Holly) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
46

USCA Appeal Fees received $455 receipt number 00131946 re 45 Notice of Appeal filed by Disability Law Center of Alaska, Inc. (PXS, COURT STAFF) (Entered: 12/18/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
47

TRANSCRIPT DESIGNATION of Record on Appeal by Disability Law Center of Alaska, Inc. re 45 Notice of Appeal. (CPB, COURT STAFF) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
48

TRANSCRIPT of Proceedings; Status Conference held on 7/31/2007 before Judge Ralph R. Beistline. Court Recorder: CME. This transcript is available via PACER. (AMK, COURT STAFF) Modified on 11/4/2011 to add pdf and update docket text. (BJK, COURT STAFF). Modified on 5/20/2016 to update docket text. (NXL, COURT STAFF). (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

PACER

Transmittal:NOA and Docket Sheet to USCA re 45 Notice of Appeal.cc: 9CCA, Appellant, Appellee (SLM, COURT STAFF)

Jan. 16, 2008

Jan. 16, 2008

PACER
49

Notice of Appeal Notification Form re:Notice of Appeal at dkt #45 sent to the 9CCA on 1/16/2008. (SLM, COURT STAFF) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER
50

CERTIFICATE OF RECORD re 45 Notice of Appeal. cc: 9CCA(SLM, COURT STAFF) (Entered: 01/16/2008)

Jan. 16, 2008

Jan. 16, 2008

PACER
51

USCA Case Number 08-35057 for 45 Notice of Appeal filed by Disability Law Center of Alaska, Inc.. (CPB, COURT STAFF) (Entered: 01/29/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
52

USCA Time Scheduling Order as to 45 Notice of Appeal filed by Disability Law Center of Alaska, Inc. (CPB, COURT STAFF) (Entered: 01/29/2008)

Jan. 28, 2008

Jan. 28, 2008

PACER
53

USCA OPINION as to 45 Notice of Appeal filed by Disability Law Center of Alaska, Inc. REVERSED AND REMANDED. (Attachments: # 1 USCA Post Judgment Information)(NXL, COURT STAFF) (Entered: 09/09/2009)

Sept. 9, 2009

Sept. 9, 2009

PACER
54

MOTION to Dismiss Stiputation by Disability Law Center of Alaska, Inc.. (Attachments: # 1 Proposed Order)(Allison Zaletel, Megan) (Entered: 09/24/2009)

2 Proposed Order

View on PACER

Sept. 24, 2009

Sept. 24, 2009

Clearinghouse
55

RRB TEXT ORDER: The Stipulation to Dismiss at Docket 54 is GRANTED. This matter is DISMISSED WITH PREJUDICE, each side to bear its own costs and fees. (JPS, COURT STAFF) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
56

MANDATE of USCA as to 45 Notice of Appeal filed by Disability Law Center of Alaska, Inc. The judgment entered 9/9/09, takes effect this date. Cost awarded to Appellant in the amount of $120.12. REVERSED AND REMANDED. (NXL, COURT STAFF) (Entered: 10/05/2009)

Oct. 1, 2009

Oct. 1, 2009

PACER

Case Details

State / Territory: Alaska

Case Type(s):

Disability Rights

Key Dates

Filing Date: July 16, 2007

Closing Date: Oct. 1, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Anchorage School District, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Document/information produced

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing