Notice of Proposed Settlement Agreement in T.P. v. McKeesport is Good News for the Education of Children in Foster Care

Juvenile Law Center,

Youth in foster care living in a group home have the right to attend their local public school and must be treated in the same manner as children who reside with their parents. In 2010, our colleagues at Education Law Center and KidsVoice filed a lawsuit in the Court of Common Pleas challenging the practice of educating children placed in Auberle group home in a separate classroom in the District's alternative education building. Education Law Center and KidsVoice have just finalized a proposed class action Settlement Agreement with McKeesport School District in this case. The proposed settlement will result in additional educational resources and services for students who were impacted by the District's policies. The classroom was closed in December 2010 and the final settlement will be discussed at a public hearing on August 23, 2012. 

In the class action lawsuit T.P. v. McKeesport Area School District (Case No. GD-10-019236), the settlement agreement was approved. The parties have reached a settlement agreement providing that: 

  1. The "transition rooms," also known as "Auberle-student classrooms" or "East End Academy" or "alt. ed.," are currently and shall remain closed;
  2. Members of the class with a disability under the Individuals with Disabilities in Education Act (IDEA) may potentially obtain compensatory education services; and
  3. All members of the class may obtain supplemental education services. 

For a full copy of the Settlement Agreement, all documents filed in Court, and other information about this case, please contact settlement administrator Jennifer Fox Rabold at 800-543-8921 or visit www.elc-pa.org or www.kidsvoice.org.