Filed Date: Jan. 29, 2018
Case Ongoing
Clearinghouse coding complete
This is a class action lawsuit challenging the Chicago Public Schools' (CPS) and Illinois State Board of Education's policies for providing special education services to children who do not speak English fluently. The case was filed on January 29, 2018 in the U.S. District Court for the Northern District of Illinois. The plaintiffs claimed that the school district systematically fail to provide CPS students with disabilities, whose parents are Limited English Proficient (“LEP”), with a free appropriate public education (“FAPE”) as required by federal law by failing to provide translations of documents or competent interpretation services for the LEP parents during the individualized education program (“IEP”) process. Specifically, in their first amended complaint (“FAC”), the plaintiffs alleged violations of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq.; Title VI of the Civil Rights Acts of 1964 (“Title VI”), 42 U.S.C. § 2000d et seq.; the Equal Educational Opportunities Act, 20 U.S.C. § 1701 et seq.; and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. The case was eventually assigned to District Judge Sara L. Ellis and Magistrate Judge Maria Valdez.
In May of 2019, Judge Ellis partially granted a motion to dismiss by the defendants, finding that several of the individual plaintiffs' claims were moot. However, she allow the bulk of the lawsuit to move forward.
After nearly two years of settlement negotiations, the plaintiffs were able to reach private settlement agreements with both the City and State defendants and on June 15, 2022 Judge Ellis dismissed the lawsuit. By agreement of the parties, these dismissal were without prejudice, but would convert to dismissals with prejudice in 2025 without further action from the court. There has been no further action in the case
Summary Authors
NDRN (9/11/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6375512/parties/hp-v-board-of-education-of-the-city-of-chicago/
Ellis, Sara Lee (Illinois)
Grant, Melanie R (Illinois)
Morgan, Rachael Jordan (Illinois)
Bazer, Nicole Beth (Illinois)
Ioppolo, Thomas A. (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/6375512/hp-v-board-of-education-of-the-city-of-chicago/
Last updated Dec. 16, 2024, 4:39 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Jan. 29, 2018
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
individual student representing class
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Chicago Public Schools, School District
Defendant Type(s):
Case Details
Causes of Action:
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
Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement:
Order Duration: 2022 - 2025
Issues
Disability and Disability Rights:
Discrimination Basis: