Filed Date: Oct. 11, 2017
Case Ongoing
Clearinghouse coding complete
On October 11, 2017, parents of children with disabilities, the ARC of the United States and the Georgia Advocacy Office filed a class action lawsuit in federal court alleging that the State of Georgia has discriminated against thousands of public school students with disabilities by providing them with a separate and unequal education in the State’s Georgia Network for Educational and Therapeutic Supports Program (GNETS) and that in so doing, the State, violates the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fourteenth Amendment to the United States Constitution.
The case was assigned to the Honorable Judge Michael L. Brown. The lawsuit named the State of Georgia, the governor, and several state officials and departments as defendants. The plaintiffs were represented by DLA Piper, Center for Public Representation, Bazelon, The Georgia Advocacy Office, The ARC of the U.S., Goodmark Law Firm.
On January 8, 2018, the defendants filed a Motion to Dismiss for Failure to State a Claim. After briefing and oral argument, the court denied defendants’ motion in March 2020, allowing the lawsuit to move forward. In March 2021, the court denied defendants’ Motion for Judgment on the Pleadings and denied plaintiffs’ Motion to Consolidate. The parties are now engaging in discovery with a May 2023 deadline.
Summary Authors
NDRN (8/11/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13579396/parties/the-georgia-advocacy-office-v-state-of-georgia/
Brown, Michael Lawrence (Georgia)
Barkoff, Alison N. (Georgia)
Anderson, Kimberly K. (Georgia)
Bedard, Edward (Georgia)
Belinfante, Joshua Barrett (Georgia)
See docket on RECAP: https://www.courtlistener.com/docket/13579396/the-georgia-advocacy-office-v-state-of-georgia/
Last updated Dec. 16, 2024, 4:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Georgia
Case Type(s):
Key Dates
Filing Date: Oct. 11, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
parents of children with disabilities, the ARC of the United States and the Georgia Advocacy Office filled the lawsuit
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis: