Jamie S. v. Milwaukee Public Schools
The U.S. Court of Appeals for the Seventh Circuit recently
vacated a trial court's order certifying a class in an action
under the Individuals with Disabilities Education Act (IDEA).
Jamie S. v. Milwaukee Public Schools, 2012 U.S. App. LEXIS
2089 (7th Cir. Feb. 3, 2012). The plaintiffs sued the Milwaukee
Public Schools and the Wisconsin Department of Public Instruction,
alleging that the school district failed to identify disabled
children in need of special education, and to tailor individualized
education programs for such children as required by the IDEA. The
District Court certified a class of students eligible for special
education in the district "who are, have been, or will
be" denied or delayed participation in the individualized
education process.
The Seventh Circuit reversed, finding the case unsuitable for
class certification because the class was indefinite, the claims
lacked the requisite commonality, and no injunctive or declaratory
relief could be ordered that would provide final relief on a
class-wide basis. Because some of the class was comprised of
students who had never been identified, the court found that
"there is no way to know or readily ascertain who is a member
of the class." It also held that because the claims were not
based upon any illegal policy, but rather allegations of a failure
to abide by a policy in a variety of circumstances, the plaintiffs
could not meet the commonality requirement of Rule 23(a)(2) because
resolving any individual class member's claim would require
inquiry into each child's circumstances.
The court finally held that the class could not be certified as an
injunction class under Rule 23(b)(2). Because the injunctive relief
ordered by the District Court was to initiate a process for
individualized determinations of liability and the appropriate
remedies, the Seventh Circuit found that the class did not meet the
requirement of Rule 23(b)(2) that any injunctive or declaratory
relief must be appropriate as to the class as a whole.
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