A Milwaukee-area family is suing Milwaukee Montessori School, claiming school leaders discriminated against their 7-year-old son when they kicked him out for having trouble focusing on tasks and working independently.
The family said the private school, near Bluemound Road and 95th Street, violated the Americans with Disabilities Act because it didn’t do enough to accommodate their son, who was later diagnosed with ADHD, before disenrolling him last year.
The school’s attorney, Joel Aziere, has claimed the ADA requirement primarily applies to “physical access,” which he said was not an issue for the family.
But the family’s attorney, Jeff Spitzer-Resnick, said ADA has long protected other types of needs, like academic support and other special modifications — including in another case at the same school.
Eight years ago, the Department of Justice found the school violated ADA by not allowing a student with a neuromuscular disability to nap, despite a pediatrician's recommendation, and then disenrolling the student.
Monica Van Aken, the head of school, denied there was discrimination in that case, though the school agreed to pay in a settlement and implement a nondiscrimination policy.
The new lawsuit was filed in federal court Oct. 21 and awaits a formal response from Milwaukee Montessori.
The student's father, who asked that his last name not be used to protect his son, said he and his wife, Emily, don't plan to settle the case with just a payment, but want to prove there was an ADA violation and change the school's practices.
"Our interest is in diverse learners and kids with disabilities and making sure that they have a fair shot in the world," he said. "I didn't have any idea of how horrendously impactful having your kid removed from school is, and it just rocked our world."
Are private schools required to serve students with disabilities?
Unlike public schools, private schools are not required to provide special education services for students under the federal Individuals with Disabilities Education Improvement Act.
Religious private schools are also exempt from the Americans with Disabilities Act (ADA).
But nonreligious private schools, like Milwaukee Montessori, are required by ADA to make “reasonable modifications” to serve students with disabilities, as long as those modifications don’t “fundamentally alter” the school.
The ADA text notes that modifications should be made to “policies, practices, or procedures” to ensure people with disabilities have access to “goods, services, facilities, privileges, advantages, or accommodations.”
The school’s nondiscrimination policy notes that “reasonable accommodations shall be made for qualified individuals with a disability or handicap unless such accommodations would impose an undue hardship to MMS.”
Montessori School asked for behavioral test, then terminated enrollment
Emily and Perry said they first heard in late August 2021 that their second-grader was having trouble paying attention in class. The next month, school staff told the parents to ask their pediatrician for a Child Attention Profile evaluation, which can be used in diagnosing ADHD, according to the lawsuit.
Perry said they did go to their doctor and were able to get a neuropsychological examination for their son scheduled for November that year — much sooner than expected because another family had canceled an appointment. In the meantime, the parents met with Van Aken in late September to talk about strategies to support their son in school.
Later the same day, Sept. 28, Van Aken terminated the student’s enrollment. She told Emily and Perry their son wasn’t “producing work at a level” the school expects, and he was unable to concentrate on tasks or work independently, according to a letter cited in the lawsuit.
"At the time he was really enjoying school, so we were like, how are we going to transition this kid to another school?" Perry said. "It just was total crisis mode."
Emily and Perry protested the decision to the school's board of trustees, which delayed the final decision for more observance. The parents offered to pay for an outside professional to observe and give recommendations that could help their son be more successful within the Montessori model, but were turned down, Perry said. And the board ultimately confirmed the school's decision.
Their son, now attending a public school, has gotten high marks and hasn't needed special education services, Perry said.
In a statement, Aziere said the school disputed the family’s version of events but was “unable to address every inaccurate statement at this time,” noting they would provide more details in a formal response due in December.
“We intend to vigorously defend against the meritless allegations in the Complaint and feel confident we will ultimately prevail,” Aziere wrote.
Aziere denied requests to interview himself or Van Aken.
In a separate recent case over private school enrollment, Aziere is also representing the University School of Milwaukee against claims that Michelle Obama's nephews were wrongfully rejected after their parents raised concerns about racial bias. That case is awaiting a judge's order on a motion to dismiss.
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