Milwaukee school settles ADA disability case for $290K

A Milwaukee private school reached a settlement agreement with the U.S. Justice Department on charges it discriminated against children with disabilities.

Wisconsin Montessori Society Inc., doing business as Milwaukee Montessori School, agreed to injunctive relief and a payment of $290,000 to resolve allegations it failed to provide full and equal enjoyment of its educational services to children with disabilities, in violation of Title III of the Americans with Disabilities Act.

Milwaukee Montessori School is a private day school serving students from pre-kindergarten through eighth grade. Private schools, daycare centers and other places of education are generally prohibited from discriminating based on a disability. Disabled protected under Title III include both individuals with an actual disability — meaning “a physical or mental impairment that substantially limits one or more major life activities of such individual” — as well as individuals “regarded as having such an impairment.”

Since at least 2018, the school discriminated against young children with disabilities, according to the Justice Department. Milwaukee Montessori School has denied, based on disability, participation in its educational services to disabled children by expelling and refusing to admit them; denied disabled children equal participation in MMS’s educational services by repeatedly sending them to the office, seating them separately from other students, and sending them home early because of manifestations of their disabilities; and failed to make reasonable modifications for disabled children.

Milwaukee Montessori School’s discriminatory actions are evidenced by the experiences of 10 children described in the Settlement Agreement.

“Children with disabilities have the right to access the educational opportunities offered by private schools, including Montessori schools,” said Acting U.S. Attorney Richard Frohling. “This settlement is an important reminder that the ADA’s obligations extend to private schools and their treatment of students with disabilities.”

Under the settlement agreement, Milwaukee Montessori School will pay monetary damages of $240,000 to compensate aggrieved persons as well as a civil penalty of $50,000 to the United States. It also includes injunctive relief that requires monitoring and reporting, and the school has voluntarily taken some steps to address the government’s findings.

The claims resolved by the settlement are allegations only; Milwaukee Montessori School does not admit liability for the allegations.