Edwards et al v. Rogers School District et al

Filing 58

JUDGMENT: Consistent with the Orders entered by the Court in this matter, plaintiffs' claims against defendants Rogers School District; Superintendent of Schools Janie Darr; Director of Special Education Supervisor Sherry Stewart; Assistant Director of Special Education Tita Devore; the Arkansas Department of Education; and Johnny Key are dismissed. Signed by Judge Kristine G. Baker on 5/16/2019. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TRAVIS and SHANNON EDWARDS,
as parents and next best friends of E
v.

PLAINTIFFS

Case No. 4:16-cv-00021-KGB

ROGERS SCHOOL DISTRICT, et al.

DEFENDANTS
JUDGMENT

Plaintiffs Travis and Dr. Shannon Edwards, as parents and next best friends of E, filed this
action against defendants Rogers School District; Superintendent of Schools Janie Darr; Director
of Special Education Supervisor Sherry Stewart; Assistant Director of Special Education Tita
Devore; the Arkansas Department of Education (“ADE”); and Johnny Key, in his official capacity
as Commissioner of the ADE. The Court previously dismissed certain of plaintiffs’ claims against
defendants (Dkt. Nos. 41, 42). Plaintiffs’ remaining claims against the Rogers School District
alleged violations under the Individuals With Disabilities Education Act (“IDEA”), 20 U.S.C. §§
1400 et seq., Section 504 of the Rehabilitation Act (“Section 504”), 29 U.S.C. § 794, and the
Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq. Their remaining claims
against the ADE and Commissioner Key alleged violations under 42 U.S.C. § 1983 based on
procedural due process claims relating to the IDEA dispute resolution process and entitlement to
direct provision of services pursuant to the IDEA. On March 5, 2018, plaintiffs filed an appeal of
the hearing officer’s IDEA decision determining that plaintiffs were not entitled to relief (Dkt. No.
52).
By prior Order, the Court bifurcated the proceedings and determined that it would review
the hearing officer’s IDEA decision before considering plaintiffs’ remaining claims (Dkt. No. 46).
The Court affirmed the hearing officer’s decision (Dkt. No. 55). Plaintiffs then moved to dismiss

without prejudice their remaining claims, and the Court granted their motion by separate Order on
this date.
Consistent with the Orders entered by the Court in this matter, it is considered, ordered,
and adjudged that plaintiffs’ claims against defendants Rogers School District; Superintendent of
Schools Janie Darr; Director of Special Education Supervisor Sherry Stewart; Assistant Director
of Special Education Tita Devore; the Arkansas Department of Education; and Johnny Key are
dismissed.
It is so adjudged this 16th day of May, 2019.

Kristine G. Baker
United States District Judge

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