In an effort to firmly uphold the rights of children with disabilities, the Milwaukee Montessori School (MMS) has settled with the Justice Department over allegations of discrimination. The private institution agreed to pay $290,000 and commit to policy changes to ensure the inclusive treatment of disabled students. This settlement addresses claims that date back to at least 2018, suggesting a pattern of inequity that isolated children based on their disabilities, according to a press release from the U.S. Attorney's Office for the Eastern District of Wisconsin.
The agreement requires Milwaukee Montessori School to enact injunctive relief, including monitoring and reporting, to verify adherence to the Americans with Disabilities Act (ADA). Under the settlement, MMS will also compensate individuals with a payment of $240,000, in addition to paying a $50,000 civil penalty to the United States. This legal action follows reports that MMS denied entry, expelled children, segregated them from peers, and sent them home early, all in response to manifestations of their disabilities. "Children with disabilities have the right to access the educational opportunities offered by private schools, including Montessori schools," Acting United States Attorney Richard Frohling stated, as reported by the U.S. Attorney's Office.
The Justice Department has the authority under the ADA to investigate complaints and conduct periodic reviews of covered entities. In cases where substantial evidence is found, the department can initiate civil lawsuits and seek both monetary and injunctive relief. The allegations in this case, based on the experiences of ten children, showcase a disregard for federal disability protections within the educational space that MMS provided. By agreeing to the settlement, MMS acknowledges the need for change without admitting liability for the specific incidents alleged. Assistant U.S. Attorneys Lisa Yun and Nia Schmaltz led the legal proceedings for the government.
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