On April 26, 2021 Plaintiffs intend to appeal the district court’s dismissal of certain individual plaintiffs with the 9th Circuit Court of Appeals on standing grounds and its determination, which was the basis for that dismissal, that compensatory education is not an equitable remedy available under Section 504 and the Indian Education Act. Plaintiffs also intend to appeal the district court’s grant of summary judgment to Defendants on Plaintiffs’ claim for failure to act and/or arbitrary and capricious action under the Administrative Procedures Act, based on Defendants’ failure to implement the Indian Education Act at Havasupai Elementary School.
On May 3, 2021 Amicus briefs supporting the plaintiffs will be filed in the 9th Circuit Court of Appeals
On May 26, 2021 Defendants will file their response in the 9th Circuit Court of Appeals
March – June 2022 is the anticipated window for oral arguments at the 9th Circuit Court of Appeals
District Court Timeline
On October 2, 2020, Arizona District Court Judge Steven Logan approved a historic settlement in a civil rights lawsuit brought by students attending Havasupai Elementary School and the Native American Disability Law Center (NADLC) addressing the wholesale denial of educational opportunities for Native American students with disabilities. The settlement resolves only the claims challenging the BIE’s failure to meet the needs of students with disabilities; the Plaintiffs will appeal the Judge’s denial of the claims challenging the denial of basic general education to the 9th Circuit Court of Appeals.
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 March 2021