Filed Date: March 29, 2021
Case Ongoing
Clearinghouse coding complete
On March 29, 2021, Disability Rights Texas and several individual plaintiffs filed this lawsuit in the U.S. District Court for the Western District of Texas challenging the Austin School District’s failure to timely evaluate students for eligibility under the Individuals with Disabilities Education Act (IDEA). The plaintiffs alleged that an estimated 800 students were on a waiting list for initial evaluations and twice as many students were late for their triennial reevaluations, in large part to a shortage of school psychologists. According to the plaintiffs, this violated both the IDEA and Section 504 of the Rehabilitation Act of 1973. They requested declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to District Judge Lee Yeakel.
The plaintiffs filed a motion for a preliminary injunction on April 23, 2022, but withdrew it before Judge Yeakel could rule. As of February 2023, the case is in discovery.
Summary Authors
NDRN (8/11/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59772751/parties/r-v-austin-independent-school-district/
Carter, Shiloh (Texas)
Manne, Neal Stuart (Texas)
Peterson, David M. (Texas)
Brush, Jonathan Griffin (Texas)
Gould, Alexa (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/59772751/r-v-austin-independent-school-district/
Last updated Dec. 16, 2024, 3:58 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: March 29, 2021
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Several students with disabilities and Disability Rights Texas
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Austin Independent School District, 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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Content of Injunction:
Preliminary relief request withdrawn/mooted
Issues
Disability and Disability Rights: