In 2007, a judge ordered sanctions against MPS and remedies for kids. MPS says what the judge ordered in June 2009 will be too costly. However, “they have a never-ending pot for attorney’s fees.”
A lawsuit brought by Disability Rights Wisconsin in 2001 alleged that MPS systematically failed to identify and serve students who may have been eligible for special education services.
In June, U.S. District Court Magistrate Judge Aaron Goodstein issued orders for MPS to seek out hundreds, if not thousands, of students – including regular education students – who might have missed being identified as eligible for special education services between September 2000 and June 2005. He appointed an independent monitor to oversee MPS and approve the official documents the district should use to contact potential class members.
In August, MPS won a reprieve in the special education lawsuit.
The 7th Circuit Court of Appeals in Chicago granted MPS its motion to stay those orders, essentially hitting the pause button on the case.
MPS said they filed the appeal because of financial implications for taxpayers.
“It’s really frustrating,” said Jeffrey Spitzer-Resnick, managing attorney for Disability Rights Wisconsin. “MPS continues to complain that they just don’t have the money, but they have a never-ending pot for attorney’s fees.”
Spitzer-Resnick added that the process in the appeals court will likely drag through winter.
“You almost have to believe it’s intentional on their part,” he said. “The longer we get away from when this case started and when these kids were eligible (for services), the longer it takes to, (A) find these kids, and (B) convince them that they’re still eligible for some sort of compensation.”
Read the complete article from the Milwaukee Journal Sentinel online “MPS wins reprieve in special education lawsuit”