G.T. v. Board of Education of County of Kanawha

G.T. and K.M. (plaintiffs) were students at schools operated by the Board of Education of Kanawha County (board) (defendant). Both boys suffered from diagnosed behavioral disorders and had an individualized education program (IEP), a functional behavioral assessment, and a behavior intervention plan under the Individuals with Disabilities Education Act (IDEA). Nevertheless, challenging behavior had resulted in suspension. G.T. and K.M., via their parents (plaintiffs), filed suit in federal district court, alleging that the board was violating IDEA by failing to provide effective behavior supports for disabled students, resulting in unjustified disciplinary removals. G.T. and K.M. moved to certify a class of plaintiffs consisting of all Kanawha County students with disabilities who needed behavior supports and had suffered a disciplinary removal. In support of certification, they claimed that six questions were common to proposed class members, namely whether the board: (1) identified disabled students in need of behavior supports, (2) developed and implemented such supports, (3) monitored students’ academic progress, (4) avoided unnecessary disciplinary removals, (5) trained staff, and (6) ensured students received their behavior supports. The district court certified a class, reasoning that although each class member would need different supports, the case itself was about the board’s procedures to develop and implement supports, not the supports themselves. The board appealed the district court’s class certification.