Case: Unified School Dist 259 v. Kansas Advocacy & Protective Services

6:04-cv-01279 | U.S. District Court for the District of Kansas

Filed Date: Aug. 24, 2004

Closed Date: Jan. 11, 2006

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy agency’s (P&A) records access authority. On August 24, 2004, Unified School District No. 259 (District) filed this lawsuit against Disability Rights Center of Kansas (DRC), Kansas’s P&A in the U.S. District Court for the District of Kansas. The District sought declaratory relief that the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and Protection …

This is a case about a protection and advocacy agency’s (P&A) records access authority. On August 24, 2004, Unified School District No. 259 (District) filed this lawsuit against Disability Rights Center of Kansas (DRC), Kansas’s P&A in the U.S. District Court for the District of Kansas. The District sought declaratory relief that the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and Protection and Advocacy for Individual Rights Act (PAIR Act) do not require the disclosure of parent/guardian directory information records from a public school. Represented by itself, DRC sought a summary judgment that the District must provide them with these records. Judge John Thomas Marten presided over this matter.

This lawsuit began after DRC requested records in May 2004 of parent/guardian directory information for students receiving homebound services from the District. The District refused to provide DRC with this information asserting that the PAIMI, DD, and PAIR Acts did not apply to public schools, and that the Family Educational Rights and Privacy Act (FERPA) and Individuals with Disabilities Education Act (IDEA) barred the disclosure of these records. In June 2004, DRC voluntarily withdrew its records request, but still sought declaratory relief that the District must release the parent/guardian directory records. On January 11, 2006, the court voluntarily dismissed the case for mootness, as no controversy existed upon DRC’s withdrawing its records request and the court did not address whether the PAIMI, DD and PAIR acts applied to public schools. The District appealed this decision, and sought a declaratory judgment on whether schools and whether FERPA and IDEA blocked disclosure of the records DRC requested. On July 19, 2007, the U.S. Court of Appeals for the Tenth Circuit affirmed the lower court’s decision and dismissed the appeal as moot.

Summary Authors

NDRN (1/4/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4673797/parties/unified-school-district-no-259-v-kansas-advocacy-protective-services/


Judge(s)

Marten, John Thomas (Kansas)

Attorney for Plaintiff

Loquist, Sarah J. (Kansas)

Attorney for Defendant

Duke, Summer A. (Kansas)

Lowry, Kirk W. (Kansas)

Expert/Monitor/Master/Other

Kelly, Cynthia L. (Kansas)

Documents in the Clearinghouse

Documents in this case
1

6:04-cv-01279

Complaint

Unified School District No. 259 v. Kansas Advocacy & Protective Services, Inc.

Aug. 24, 2004

Aug. 24, 2004

Complaint
15

6:04-cv-01279

Memorandum in Support of Motion for Summary Judgment

Unified School District No. 259 v. Kansas Advocacy & Protective Services, Inc.

May 18, 2005

May 18, 2005

Pleading / Motion / Brief
17

6:04-cv-01279

Memorandum in Support of Unified School District No. 259's Motion for Summary Judgment

Unified School District No. 259 v. Kansas Advocacy & Protective Services, Inc.

May 18, 2005

May 18, 2005

Pleading / Motion / Brief
32

6:04-cv-01279

Memorandum and Order

Unified School District No. 259 v. Kansas Advocacy & Protective Services, Inc.

Jan. 11, 2006

Jan. 11, 2006

Order/Opinion

2005 WL 3655910

40

6:04-cv-01279

Judgment

Unified School District No. 259, Sedgwick County, State of Kansas v. Disability Rights Center of Kansas

U.S. Court of Appeals for the Tenth Circuit

July 19, 2007

July 19, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4673797/unified-school-district-no-259-v-kansas-advocacy-protective-services/

Last updated April 11, 2026, 4:48 a.m.

ECF Number Date Description Link
1 Aug. 24, 2004

COMPLAINT with trial location of Wichita, KSfiled by Unified School District No. 259.(jb) (Entered: 08/25/2004)

Clearinghouse
Aug. 25, 2004

FILING FEE PAID: in the amount of $150.00, receipt number 026783 (jb)

Aug. 25, 2004

Summons Issued as to Kansas Advocacy & Protective Services, Inc. (jb)

2 Sept. 8, 2004

ENTRY OF APPEARANCE by Kirk W. Lowry on behalf of Kansas Advocacy & Protective Services, Inc. (Lowry, Kirk) (Entered: 09/08/2004)

RECAP
3 Sept. 15, 2004

INITIAL ORDER REGARDING PLANNING AND SCHEDULING:telephone scheduling conference set for 11/2/2004 at 02:00 PM before Magistrate Judge Karen M. Humphreys. Report of Parties' Planning Meeting deadline 10/26/2004. Signed by Magistrate Judge Karen M. Humphreys on 9/15/04. (sj) (Entered: 09/15/2004)

RECAP
4 Sept. 28, 2004

ANSWER to Complaint by Kansas Advocacy & Protective Services, Inc.(Lowry, Kirk) (Entered: 09/28/2004)

RECAP
5 Nov. 3, 2004

SCHEDULING ORDER: stipulation of facts due 2/25/05; dispositive motion deadline set for 3/25/2005. Signed by Magistrate Judge Karen M. Humphreys on 11/3/04. (sj) (Entered: 11/03/2004)

RECAP
Nov. 3, 2004

Minute Entry for proceedings held before Magistrate Judge Karen M. Humphreys: Scheduling Conference held on 11/2/2004. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (sj)

6 Nov. 4, 2004

NOTICE OF SERVICE by Unified School District No. 259 of Rule 26(a) Initial Disclosures (Loquist, Sarah) (Entered: 11/04/2004)

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7 Nov. 5, 2004

NOTICE OF SERVICE by Kansas Advocacy & Protective Services, Inc of Defendant's Initial Disclosures (Lowry, Kirk) (Entered: 11/05/2004)

RECAP
8 Feb. 25, 2005

STIPULATION of Facts by Unified School District No. 259, Kansas Advocacy & Protective Services, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Loquist, Sarah) (Entered: 02/25/2005)

RECAP
9 March 11, 2005

Unopposed MOTION for extension of time to File dispositive Motions by Plaintiff Unified School District No. 259(Loquist, Sarah) (Entered: 03/11/2005)

RECAP
10 March 11, 2005

ORDER granting 9 Plaintiff's unopposed Motion for Extension of Time to File Dispositive motions. Dispositive motions due 4/25/2005. Signed by Magistrate Judge Karen M. Humphreys on 3/11/05. (sj) (Entered: 03/11/2005)

RECAP
11 April 21, 2005

Second MOTION for extension of time to File Dispositive Motions by Plaintiff Unified School District No. 259(Loquist, Sarah) (Entered: 04/21/2005)

RECAP
12 April 22, 2005

ORDER granting 11 Motion for Extension of Time to File dispositive motions;dispositive motion deadline set for 5/18/2005. Signed by Magistrate Judge Karen M. Humphreys on 4/22/05. (vs) (Entered: 04/22/2005)

RECAP
13 May 18, 2005

ENTRY OF APPEARANCE by Roger M. Theis on behalf of Unified School District No. 259. (Theis, Roger) (Entered: 05/18/2005)

RECAP
14 May 18, 2005

MOTION for Summary Judgment by Defendant Kansas Advocacy & Protective Services, Inc(Lowry, Kirk) (Entered: 05/18/2005)

RECAP
15 May 18, 2005

MEMORANDUM IN SUPPORT of 14 MOTION for Summary Judgment by Defendant Kansas Advocacy & Protective Services, Inc(Lowry, Kirk) (Entered: 05/18/2005)

Clearinghouse
16 May 18, 2005

MOTION for Summary Judgment by Plaintiff Unified School District No. 259(Loquist, Sarah) (Entered: 05/18/2005)

RECAP
17 May 18, 2005

MEMORANDUM IN SUPPORT of 16 MOTION for Summary Judgment by Plaintiff Unified School District No. 259 (Attachments: # 1 Appendix 1# 2 Appendix 2# 3 Appendix 3)(Loquist, Sarah) (Entered: 05/18/2005)

1 Appendix 1

View on RECAP

2 Appendix 2

View on RECAP

3 Appendix 3

View on RECAP

Clearinghouse
18 May 26, 2005

MOTION for Leave to file Memorandum of Amicus Curiae (Attachments: # 1 Proposed Amicus Memorandum)(cs, ) (Entered: 05/27/2005)

RECAP
19 June 7, 2005

Unopposed MOTION for Extension of Time to File Response as to 14 MOTION for Summary Judgment, 16 MOTION for Summary Judgment by Plaintiff Unified School District No. 259(Loquist, Sarah) (Entered: 06/07/2005)

RECAP
20 June 16, 2005

ORDER granting 19 plaintiff's Motion for Extension of Time to June 24, 2005, to file responses to 14, 16 Motions for Summary Judgment. Signed by Judge J. Thomas Marten on 6/16/05. (mss, ) (Entered: 06/16/2005)

RECAP
21 June 22, 2005

ENTRY OF APPEARANCE by Summer A. Duke on behalf of Kansas Advocacy & Protective Services, Inc. (Duke, Summer) (Entered: 06/22/2005)

RECAP
22 June 24, 2005

RESPONSE by Defendant Kansas Advocacy & Protective Services, Inc. re 16 MOTION for Summary Judgment (Attachments: # 1 # 2)(Duke, Summer) (Entered: 06/24/2005)

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23 June 24, 2005

RESPONSE by Plaintiff Unified School District No. 259 re 14 MOTION for Summary Judgment (Theis, Roger) (Entered: 06/24/2005)

RECAP
24 June 30, 2005

ORDER granting 18 Kansas Association of School Boards's Motion for Leave to File Amicus Curiae Memorandum. Enetered by Judge J. Thomas Marten on 6-30-05.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (Marten, J. Thomas) (Entered: 06/30/2005)

RECAP
25 July 18, 2005

REPLY to Response to Motion by Plaintiff Unified School District No. 259 re: 16 MOTION for Summary Judgment (Theis, Roger) Corrected pdf attached on 7/19/2005 to correct certificate of service (vlw, ). (Entered: 07/18/2005)

RECAP
26 July 19, 2005

NOTICE of docket text modification by Deputy Clerk regarding Reply to Response to Motion 25 : Clerk attached corrected pdf to Doc 25 at request of counsel in order to correct certificate of service. A copy of that document is also attached to this entry for viewing by counsel. (vlw, ) (Entered: 07/19/2005)

RECAP
27 July 19, 2005

REPLY to Response to Motion by Defendant Kansas Advocacy & Protective Services, Inc. re: 16 MOTION for Summary Judgment (Attachments: # 1 Exhibit Letter to Tom Powell)(Duke, Summer) (Entered: 07/19/2005)

RECAP
28 July 28, 2005

MOTION for Leave to file Surreply to Defendant's Reply Raising New Issue of Mootness by Plaintiff Unified School District No. 259 (Attachments: # 1 Proposed Surreply)(Theis, Roger) (Entered: 07/28/2005)

RECAP
29 Aug. 5, 2005

ORDER granting 28 Motion for Leave to File Surreply. Signed by Judge J. Thomas Marten on 8/4/05. (rt) (Entered: 08/05/2005)

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30 Aug. 5, 2005

SURREPLY by Plaintiff Unified School District No. 259 re: 16 MOTION for Summary Judgment (Theis, Roger) (Entered: 08/05/2005)

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31 Sept. 28, 2005

MEMORANDUM IN SUPPORT of 16 MOTION for Summary Judgment by Movant Kansas Association of School Boards(Kelly, Cynthia) (Entered: 09/28/2005)

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32 Jan. 11, 2006

MEMORANDUM AND ORDER denying 14 Motion for Summary Judgment, denying 16 Motion for Summary Judgment and dismissing action as moot. Signed by Judge J. Thomas Marten on 1/11/06. (rt)

Clearinghouse
33 Jan. 11, 2006

JUDGMENT IN A CIVIL CASE: In accordance with Memorandum and Order filed 1/11/06, court denies cross motions for summary judgment (Dkt. Nos. 14, 16) and dismisses this action as moot. Signed by deputy clerk on 1/11/06.(rt) (Entered: 01/11/2006)

RECAP
34 Feb. 9, 2006

NOTICE OF APPEAL as to 33 Judgment by Plaintiff Unified School District No. 259. (Theis, Roger) (Entered: 02/09/2006)

RECAP
Feb. 9, 2006

APPEAL FEE STATUS: filing fee not paid re Notice of Appeal - Final Judgment 34 filed by attorney Roger Theis on behalf of Plaintiff Unified School District No. 259 (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (vlw, )

35 Feb. 10, 2006

PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 34 Notice of Appeal - Final Judgment (Main Document: Preliminary Letter to 10CCA; Attachments: # 1 Preliminary Letter to Counsel; # 2 Notice of Appeal; # 3 Docket Report; # 4 Transcript Order Form; # 5 Docketing Statement; # 6 Docketing Statement Instructions; # 7 10CCA Letter to Counsel; # 8 FAQ's)(vlw, ) (Entered: 02/10/2006)

RECAP
Feb. 10, 2006

APPEAL FEE PAID in the amount of $255, Receipt No. 4631000251, re Notice of Appeal - Final Judgment 34 filed by Unified School District No. 259, (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (vlw, )

36 Feb. 17, 2006

TRANSCRIPT ORDER FORM requesting transcripts of: No Transcript Required filed by Unified School District No. 259 re 34 Notice of Appeal - Final Judgment (Theis, Roger) (Entered: 02/17/2006)

RECAP
37 Feb. 21, 2006

LETTER TO 10CCA stating record is complete as no transcript is necessary re 34 Notice of Appeal - Final Judgment (Appeal No. 06-3057) (vlw, ) (Entered: 02/21/2006)

RECAP
38 Feb. 21, 2006

APPEAL DOCKETED in 10CCA on 2/16/06 and assigned Appeal No. 06-3057 re 34 Notice of Appeal - Final Judgment filed by Unified School District No. 259. (vlw, ) (Entered: 02/22/2006)

RECAP
39 Feb. 21, 2006

RECEIPT FROM 10CCA of Preliminary Record 10CCA re 34 Notice of Appeal - Final Judgment; Appeal No. 06-3057 (vlw, ) (Entered: 02/22/2006)

RECAP
40 July 19, 2007

APPEAL MANDATE from 10CCA: dismissing appeal as to 34 Notice of Appeal - Final Judgment filed by Unified School District No. 259 (Appeal No. 06-3057) (Attachments: # 1 Cover Letter)(cs, ) (Entered: 07/19/2007)

RECAP

Case Details

State / Territory:

Kansas

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: Aug. 24, 2004

Closing Date: Jan. 11, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

school district

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

Kansas Advocacy and Protective Services

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Other Dockets:

District of Kansas 6:04-cv-01279

U.S. Court of Appeals for the Tenth Circuit 06-03057

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation