In Simmons v. Mount Vernon City School District, a parent filed suit against the district, a special education cooperative, and two individual school administrators for multiple alleged civil rights violations. The student, with significant cognitive and physical deficits, attended a public day school program. He was disciplined in 2016 for bringing marijuana to school.
The parent alleged that he did not receive a required Manifestation Determination Review (“MDR”) IEP meeting before the imposition of discipline. The case has a long and complex procedural history, including a settlement agreement and an appeal to the Federal Appellate Court.
The school district, cooperative, and individual defendants sought dismissal of the parents’ most recent complaint. The court ruled that the case against school administrators in their individual capacities could proceed. Individual liability for the Individual With Disabilities Education Act (“IDEA”) violations, the court stated, had to be predicated on “personal involvement” in the deprivation of federally protected rights. The court then found that both school administrators were personally involved in failing to provide the student with the requisite MDR.
The decision emphasizes the critical importance of compliance with IDEA disciplinary requirements and the risks to school administrators failing to do so. The case also highlights the critical role your school attorney plays in discipline issues. In Mount Vernon, the two administrators are now at risk for both compensatory and punitive monetary damages.
Contact any of our student/special education attorneys with your inquiries.
Source: Simmons v. Mount Vernon City Sch. Dist., No. 19 CV 10388 (VB), 2025 WL ___ (S.D.N.Y. Jan. 31, 2025)
