On March 29, 2018, Plaintiffs won their first major court victory. In a historic ruling, a federal court in Arizona denied the federal government’s motion to dismiss claims brought by Havasupai students and the Native American Disability Law Center.
The court ruled, for the first time in the nation, that the federal government must meet the educational needs of Native American students attending schools run by the federal Bureau of Indian Education (BIE) by affirmatively addressing the mental health and wellness needs of students impacted by trauma and childhood adversity. Click HERE, to read plaintiff statements in response to the motion to dismiss ruling.
On August 9, 2017, the Department of Justice filed a partial motion to dismiss, which, among other things, sought to dismiss students not currently enrolled in Havasupai Elementary School from the case and to dismiss student claims for appropriate mental health and wellness resources. On September 5, 2017, the Havasupai Tribe and the Society of Indian Psychologists filed amicus briefs in support of the student plaintiffs. On October 24, 2017, the Judge heard oral argument on the Defendants’ motion. Because the motion filed by the Defendants is only a partial motion to dismiss, the case will move forward regardless of the Judge’s ruling.
Current as of April 2, 2018