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Posts Tagged ‘Individualized claims’

Federal Court of Appeals overturns decision to certify a child-find claim as a class action

Friday, April 27th, 2012

Jamie S. v. Milwaukee Public Schools, 58 IDELR 91 (7th Cir. 2012): The Eighth Circuit Court of Appeals found that plaintiffs claiming child-find violations and seeking classification as “students eligible to receive special education from [the school district] ‘who are, have been or will be’ denied or delayed entry into or participation in the IEP process” to be ineligible to file a class action lawsuit.  A settlement agreement, which the class plaintiffs entered into with the state defendant (over the objection of the school district) and an order from the court that included monitoring of the school district’s compliance with its child find obligations, was also vacated.  The Eighth Circuit reasoned that the claims of the class plaintiffs were “highly individualized and vastly diverse” and lacked sufficient “commonality” (which is one of the required elements of a certified class).

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