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Milwaukee Montessori seeks legal fees from victim’s family after settling discrimination claims

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Milwaukee Montessori seeks legal fees from victim’s family after settling discrimination claims


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  • Milwaukee Montessori will pay families $240,000 and the government a $50,000 penalty to resolve claims of discriminating against students with disabilities.
  • The school is seeking roughly $440,000 in court costs from the family whose complaint sparked the federal investigation.
  • The private school previously settled with federal goverment over disability discrimination allegations in 2014.
  • Nonreligious private schools are required by ADA to make “reasonable modifications” to serve students with disabilities.

Milwaukee Montessori School agreed to pay nearly $300,000 and update its policies to resolve accusations of discriminating against students with disabilities.

On the same day the private school reached the agreement with the U.S. Department of Justice, it filed motions seeking roughly $440,000 in court costs and attorney’s fees from the family whose complaint about their 7-year-old’s expulsion from the school sparked the federal investigation.

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“This is outrageous on so many levels,” said Jeff Spitzer-Resnick, the family’s attorney. “Equally as bad, it makes us very concerned about whether they will comply with the agreement they signed with DOJ.”

The May 7 settlement requires the school to pay a $50,000 penalty to the U.S. Department of Justice, and $240,000 to affected families. It’s the second time in the past decade the U.S. Department of Justice has investigated and fined the private school, near Bluemound Road and 95th Street, for violating the Americans with Disabilities Act.

Milwaukee Montessori said it is changing its policies on admissions and disciplinary matters to ensure it is in compliance with the ADA. Headmaster David Swanson recently took over the school, which enrolls about 420 students in pre-kindergarten through eighth grade.

“The DOJ is going to be working with with us for the next two years (and) collaborating to make sure we’re up to speed,” Swanson told the Milwaukee Journal Sentinel. “I’m happy for that, to be honest with you, because there were needed changes.”

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Milwaukee Montessori discriminated against 10 students with disabilities, DOJ reports

Milwaukee Montessori previously settled with the Justice Department in 2014 after the government said the school violated ADA by disenrolling a student with a neuromuscular disability. The school disputed it broke the law but settled, paying the family $50,000 and the Justice Department $5,000. It also agreed to change its policy.

But the Justice Department found Milwaukee Montessori’s discriminatory practices continued. Its latest investigation detailed acts of discrimination against 10 students with disabilities from 2017 through 2023, according to the settlement agreement.

Two of the 10 students identified in the agreement were denied admission after their parents disclosed their disabilities during the application process. The families of four more students withdrew their children after being denied reasonable accommodations or seeing their children sent home early or to the office or a separate classroom. Four additional students were expelled.

Milwaukee Montessori disputed the Justice Department’s findings but cooperated with the investigation, the settlement said. The agreement includes no admission of liability. It requires Milwaukee Montessori to hire a disability discrimination expert to create a remediation plan, write new admissions and nondiscrimination policies, train its employees on the policies and submit regular reports to the government on its compliance.

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Milwaukee Montessori now seeking fees from family who sparked investigation

The family whose complaint led to the Justice Department investigation later sued Milwaukee Montessori, the family’s attorney, Spitzer-Resnick said. The 2022 lawsuit claimed the school denied their 7-year-old son reasonable accommodations and later expelled him because of behavioral problems. The student was later diagnosed with attention deficit hyperactivity disorder, or ADHD.

A federal judge in April dismissed the lawsuit without prejudice, meaning it can be re-filed. The judge said the family had no standing to sue because they had planned to move overseas by the time they filed their complaint, making the child’s re-enrollment at the school unlikely. The judge said the family’s failure to be forthcoming about its move was “troubling” and the lawsuit could have been resolved sooner had they disclosed their intentions.

The lawsuit’s dismissal opened the door to the school seeking reimbursement for court costs and attorney’s fees. Spitzer-Resnick said he had been hashing out an agreement with the school attorney, with his clients agreeing not to appeal or disparage the school. In exchange, he said Milwaukee Montessori would not seek court costs.

Spitzer-Resnick said the school’s attorney, Joel Aziere, drafted the agreement and emailed it May 2, asking for a response by May 7. Spitzer-Resnick emailed back the morning of May 7, saying his clients agreed to the conditions and would sign a copy after the school signed the DOJ agreement. A few hours later, with the Justice Department agreement inked, the school filed motions seeking $440,000 from the family.

“It’s bad faith to send a settlement agreement over, ask the other side to agree to it and then when they say ‘yes,’ say ‘never mind,’” Spitzer-Resnick said. “I’ve been an attorney for 40 years, and I’ve never seen this happen.”

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Aziere said in a statement that the school’s “possible agreement” did not cover the full $440,000 cost and it fell through after Spitzer-Resnick made additional conditions, which Spitzer-Resnick disputed. In court records, the school argued it was entitled to $440,000 to make up for the cost of defending itself because the family withheld its intent to move until later in the litigation process.

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. 

“This settlement is an important reminder that the ADA’s obligations extend to private schools and their treatment of students with disabilities,” acting U.S. attorney Richard Frohling said in a statement.

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Reporter Rory Linnane contributed to this article.

Kelly Meyerhofer covers higher education in Wisconsin. Contact her at kmeyerhofer@gannett.com or 414-223-5168. Follow her on X (Twitter) at @KellyMeyerhofer. 



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Milwaukee, WI

Illegal dumping plagues closed Milwaukee Pick ‘n Save

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Illegal dumping plagues closed Milwaukee Pick ‘n Save


Neighbors say since the Milwaukee Pick ‘n Save at 35th and North closed in 2025, the parking lot has been filling up, but not with cars or people. It has been attracting illegal dumpers. 

Trash piling up

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What we know:

There are old mattresses and furniture in the parking lot. There are piles of garbage at the entrance of the old grocery store. Behind the building, there are tires, more mattresses and more trash. 

Illegal dumping at former grocery store near 35th and North, Milwaukee

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The Pick ‘n Save stores closed in July 2025. Since then, the building has sat empty. 

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FOX6 News was contacted by a man who manages senior and family housing in the area. He said in the last couple of months, he has noticed the stile turn into a place for illegal dumping. The man said he was so fed up, he called the office of Milwaukee Alderman Russell Stamper about the problem. The man said the whole site is an eyesore, and something needs to change. 

Illegal dumping at former grocery store near 35th and North, Milwaukee

Change sought

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What they’re saying:

“As the snow melts, it’s full of garbage. People are dumping furniture on it, tires,” said Jeffrey Sessions, who manages nearby property. “If you drive around it, it’s garbage everywhere. It’s unsightly for the neighborhood, and it’s probably going to create rats and mice problems.”

FOX6 News reached out to the Department of Neighborhood Services. Officials said the dumping has not been reported. They said the department’s commercial team will now be made aware of the issue. 

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Illegal dumping at former grocery store near 35th and North, Milwaukee

“It makes the whole neighborhood look like garbage, like nobody’s taking care of anything around here,” Sessions said. “It’s a detriment, it’s unsightly, and it needs to be addressed.”

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Illegal dumpers could face fines

Dig deeper:

If the dumpers are caught on camera, they could face fines. 

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The owner of the property may also be ordered to clean it up.  

Illegal dumping at former grocery store near 35th and North, Milwaukee

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The Source: Information in this post was provided by a person who owns property near the former grocery store, as well as Milwaukee Department of Neighborhood Services.

Crime and Public SafetyMilwaukeeNews



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Things to do in the Milwaukee area this weekend, including Sports Show

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Things to do in the Milwaukee area this weekend, including Sports Show


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Travel to Ireland, learn how to catch a fish, visit wildlife at the zoo, and see costumed characters this weekend in Milwaukee.

Anime Milwaukee

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The 2026 “Magical Academy” themed animation convention comes to the Baird Center, 400 W. Wisconsin Ave., and Hilton Milwaukee City Center March 6-8. The weekend features Japanese industry guests and cultural experts, artists and official merchandise, gaming, music, dance, manga, cosplay, anime and Asian fashion. New this year is the Nocturna Anime Bar with a lounge and specialty drinks, including nonalcoholic beverages. Exhibit hall hours are 1 to 8 p.m. March 6, 10 a.m. to 7 p.m. March 7 and 10 a.m. to 4 p.m. March 8. Full weekend access is $100; single day access is $50-$75. animemilwaukee.org

Milwaukee Journal Sentinel Sports Show

The 85th year of the Sports Show is at State Fair Park’s Wisconsin Exposition Center, 8200 W. Greenfield Ave., West Allis, from noon to 7 p.m. March 6, 10 a.m. to 7 p.m. March 7 and 10 a.m. to 5 p.m. March 8. Along with outdoor exhibitors, see what’s swimming in the trout pond, watch the lumberjack show and the fastest retriever race, or catch the archery and air rifle tournaments. General admission tickets at the door are $15; youth tickets (ages 6-14) are $6. In honor of Women’s Day on March 8, all women receive $10 admission at the door. Check out the full schedule at jssportsshow.com.

Gardens & Gears: Steampunk Faire

Celebrate the industrial age at the Gardens & Gears art fair from 9 a.m. to 4 p.m. March 7 at the Mitchell Park Domes, 524 S. Layton Blvd. The immersive garden event features creators, costumes and live entertainment, with gears, goggles and handcrafted mechanical curiosities on display in the gardens. Domes admission required. mitchellparkdomes.com

Milwaukee County Zoo Family Free Day

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Everyone receives free admission at the Milwaukee County Zoo, 10001 W. Blue Mound Road, from 9:30 a.m. to 4:30 p.m. March 7. See the red pandas in their outdoor habitat, lions, penguins and more. Parking and regular attraction fees still apply. milwaukeezoo.org

Irish Family Day

Travel to the Irish countryside during “Passport to Ireland” from 11 a.m. to 2 p.m. March 8 at the CelticMKE Center, 1532 N. Wauwatosa Ave., Wauwatosa. With Irish dance, arts, crafts and storytelling, each county will be featured with an activity that celebrates Irish culture, history and traditions. Buy one, get one free Irish Fest tickets will be available to purchase, with lunch, beverages and snacks served in the Celtic Café. Admission is $10 at the door. celticmke.com

What’s new in Milwaukee-area theaters this weekend

Marcus Theatres: See a marathon of the 2026 Best Picture nominees at select theater locations. Day one of the marathon is March 7 and features “Sentimental Value,” “F1: The Movie,” “The Secret Agent,” “Bugonia,” and “Sinners.” The marathon resumes March 14 with a new set of films. Visit marcustheatres.com.

Milwaukee Film: Women’s History Month programming features the action films of Michelle Yeoh. See her Oscar-winning performance in “Everything Everywhere All At Once” screening at 6 p.m. March 6 at the Oriental Theatre.

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“Hoppers”: A robotic animal with a human mind helps real animals thwart a plot to destroy their habitat in this Disney and Pixar feature film. See it at AMC Mayfair Mall; Avalon Theater; Marcus Theatres’ BistroPlex Southridge, Hillside, Majestic, Menomonee Falls, Movie Tavern Brookfield Square, North Shore, Ridge, South Shore cinemas; Rosebud Cinema.

“The Bride!”: A lonely Frankenstein (Christian Bale) travels to 1930s Chicago to ask a scientist (Annette Bening) to create a companion. See it at AMC Mayfair Mall; Marcus Theatres’ BistroPlex Southridge, Hillside, Majestic, Menomonee Falls, Movie Tavern Brookfield Square, North Shore, Ridge, South Shore cinemas.

“Protector”: A veteran war hero (Milla Jovovich) must use the violent skills she thought she left behind to save her daughter. See it at Marcus Theatres’ BistroPlex Southridge, Hillside, Majestic, Menomonee Falls, Movie Tavern Brookfield Square, North Shore, Ridge, South Shore cinemas.



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MPD officer accused of using Flock cameras to monitor dating partner resigns

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MPD officer accused of using Flock cameras to monitor dating partner resigns


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Josue Ayala has resigned from the Milwaukee Police Department days after he was charged with a crime over his alleged misuse of license plate-reading Flock technology.

Ayala, 33, pleaded not guilty to one count of attempted misconduct in public office during his initial court appearance on March 4.

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The charge is a misdemeanor that carries a potential maximum penalty of nine months in jail and $10,000 fine.

Milwaukee is one in a growing number of communities nationally that have started using Flock cameras to help locate stolen vehicles, identify vehicles used in violent crimes, and track vehicles associated with missing persons. The technology is controversial and been criticized by civil rights and privacy advocates.

Conducting searches for personal reasons is a violation of department policies.

Prosecutors say Ayala used the Flock camera system while on duty more than 120 times to look up the license plate of someone he was dating. They believe Flock technology also was used on a second license plate, one belonging to that person’s ex, 55 times, according to a criminal complaint, filed Feb. 24 in Milwaukee County Circuit Court.

Ayala joined the Milwaukee Police Department in 2017, and his total gross pay was about $120,000 in 2024, according to the most recent city salary data available. 

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Milwaukee police confirmed in a March 4 email to the Milwaukee Journal Sentinel that Ayala has resigned from the department.

Ayala and his attorney Michael J. Steinle, of Milwaukee, would not speak to reporters as they left the courtroom.

Prosecutors say the department became aware of the allegations against Ayala after a driver saw that they were the subject of searches through the website, www.haveibeenflocked.com, which collects and publishes “audit logs” of searches of the Flock system by police agencies.

The driver saw that Ayala had searched the plate numerous times, which prompted the driver to file a complaint with the Milwaukee Police Department.

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Detectives then audited Ayala’s searches in the Flock system from March 26, 2025, through May 26, 2025.

Ayala is at least the second Wisconsin officer to face criminal charges for misuse of the Flock system. A Menasha police officer was charged in January for tracking an ex-girlfriend’s car. 

Milwaukee police began using Flock cameras in 2022. MPD has a $182,900 contract with Flock for the use of the technology. That contract is active through January 2027.

Court Commissioner Dewey B. Martin released Ayala on a $2,500 signature bond March 4.

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Signature bonds, sometimes referred to as a personal recognizance bond, allow a defendant to leave custody without paying cash as long as they sign a promise to appear for their upcoming court dates.

Martin also ordered Ayala not to contact the two victims in the case.

Ayala also must report to the Milwaukee County Jail to be booked on March 9. If he doesn’t show up, a bench warrant will be issued for his arrest.

Ayala is scheduled to appear for a pre-trial conference on April 17. 

David Clarey of the Journal Sentinel contributed to this story.

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Chris Ramirez covers courts for the Milwaukee Journal Sentinel. He can be reached at caramirez@usatodayco.com.



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