Disproportionality: Segregation Through Special Education


W.J.W. Administrative Court Enforcement

In February 2011, Judge Bartle denied a LMSD motion to dismiss a student’s complaint alleging that LMSD failed to implement previously ordered educational relief. After a due process hearing, a hearing officer awarded LMSD student WJW an extra year of educational services. When LMSD failed to provide the ordered services, plaintiffs appealed to federal court to compel the district to comply. LMSD argued that the court had no power to enforce the hearing officer’s ruling – an argument that Judge Bartle roundly rejected, noting that it would have created a “giant loophole” allowing schools to openly flout administrative court decisions.