Filed Date: Oct. 13, 2006
Closed Date: Feb. 27, 2007
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This is a case about a Protection and Advocacy (P&A) agency’s access authority. On October 13, 2006, Georgia Advocacy Office, Georgia’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Georgia against Cobb County School District (District). The lawsuit alleged that defendants violated the Developmental Disabilities Assistance and Bill of Rights Act (DD Act) when they refused to allow the P&A into a District-operated education center to observe a student as part of an investigation. In particular, after Georgia Advocacy Office established probable cause that a student had been subject to restraints at a District operated education center, it began a DD Act investigation, during the course of which it planned to observe the student in class, review relevant education records, and meet with the student’s parents and staff members. The education center refused to let Georgia Advocacy Office into the school to observe or meet with staff. Represented by itself, Georgia Advocacy Office asserted that the District would not allow them into the education center and barred them from viewing relevant records. Judge Clarence Cooper presided over this matter.
On February 22, 2007, the court issued a Consent Decree that determined Georgia Advocacy Office could observe the education center under its DD Act investigatory authority. The decree outlined procedures by which the P&A could access District operated education centers for future investigations and general monitoring visits. The case was terminated on February 27, 2007.
Summary Authors
NDRN (7/7/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12313238/parties/georgia-advocacy-office-inc-v-cobb-county-school-district/
Cooper, Clarence (Georgia)
Norris, Joshua H. (Georgia)
Rafferty, Paula Marie (Georgia)
Gupta, Neeru (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/12313238/georgia-advocacy-office-inc-v-cobb-county-school-district/
Last updated Aug. 5, 2025, 7:37 a.m.
State / Territory: Georgia
Case Type(s):
Key Dates
Filing Date: Oct. 13, 2006
Closing Date: Feb. 27, 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
protection and advocacy system
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
Cobb County School District, School District
Defendant Type(s):
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2007 - None
Issues
Disability and Disability Rights: