Disability Rights Wisconsin is attempting to revive its special-education lawsuit against Milwaukee’s public schools, according to the Milwaukee Journal Sentinel. The suit was filed nearly a dozen years ago on behalf of students who charged that they were not provided with special-education services that they should have received.
Basically, Disability Rights on Friday asked a full appellate court to consider its case, to review the action of a three-judge panel. On Feb. 3 the panel decertified Disability Rights’ 11-year-old class action lawsuit, also vacating liability and orders that the Milwaukee school district had previously been directed to follow, according to the Journal Sentinel.
The appellate panel also threw out a 2008 settlement that Disability Rights had reached with the Department of Public Instruction.
Disability Rights last Friday requested that all the judges on the Seventh Circuit Court of Appeals in Chicago review the three-judge panel’s decision.
According to the Journal Sentinel, Disability Rights is asking the full Seventh Circuit to re-examine the class-action certification issue and whether or not the state of Wisconsin can require Milwaukee’s schools to “take corrective action to reform special-education services.”
Attorney Gordon Johnson
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