Milwaukee, WI
Milwaukee Montessori seeks legal fees from victim’s family after settling discrimination claims
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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.
“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.”
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.
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.”
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.
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.
MILWAUKEE — Oscar-nominated actor Hugh Jackman will be visiting the Badger State in the coming weeks for his upcoming film “Song Sung Blue.”
The film, starring Jackman and Kate Hudson, is based on an iconic Milwaukee Neil Diamond tribute band called Lightning & Thunder.
Hugh Jackman as Mike Sardina (left) and Kate Hudson as Claire Stengl (right) in director Craig Brewer’s “Song Sung Blue,” a Focus Features release. (Focus Features)
Mike Sardina was the “Lightning” while Claire Stengl was the “Thunder.” As the film’s description suggests, the two found love while following their musician dreams. They performed in the Midwest throughout the 80s and 90s and also opened for some major bands. They later married. Mike Sardina died in 2006.
Now, with the film about their lives and careers gearing up to play in theaters, there will be a special appearance in Cream City.
Hugh Jackman in director Craig Brewer’s “Song Sung Blue,” a Focus Features release. (Focus Features)
Because of the film’s roots, a premiere will take place at The Oriental Theatre in Milwaukee, 2230 N Farwell Ave, on Dec. 2.
During the hometown premiere, Jackman and the writer and director of the film, Craig Brewer, will attend.
Hugh Jackman as Mike Sardina (left) and Kate Hudson as Claire Stengl (right) in director Craig Brewer’s “Song Sung Blue,” a Focus Features release. (Focus Features)
“Song Sung Blue” will start playing in theaters on Christmas Day, Dec. 25, 2025. The film also stars Michael Imperioli, Ella Anderson, King Princess, Mustafa Shakir, Hudson Hensley with Fisher Stevens and Jim Belushi.
Milwaukee Holiday Lights Festival
MILWAUKEE – Downtown Milwaukee will glow again this holiday season with the 27th annual Milwaukee Holiday Lights Festival, kicking off on Thursday, Nov. 20.
What we know:
The six-week event, presented by Milwaukee Downtown, BID #21 and Johnson Financial Group, begins at 6:30 p.m. at Pere Marquette Park with live performances, treats and a firework show. The festival runs through Jan. 1, 2026.
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The main program includes DJ Mr. NY, characters from Milwaukee Repertory Theater’s “A Christmas Carol,” Anita’s Dance Center, The Squeezettes, select cast members from Cirque du Soleil’s “‘Twas the Night Before…,” Marquette University’s Gold ’n Blues, Christopher Gilbert, Willow Newell – Miss Wisconsin and Jenny Thiel.
Milwaukee Holiday Lights Festival
Santa and Mrs. Claus are also scheduled to appear.
Fireworks are planned for shortly before 7 p.m., followed by free cocoa, cookies and complimentary Jingle Bus rides operated by KB Excursions.
After the kickoff, residents and visitors can view light displays coordinated by Milwaukee Downtown, BID #21 through Jan. 1. Four downtown parks will feature themed installations: “Community Spirit Park” at Cathedral Square Park, “Santa’s Celebration Square powered by We Energies” at Zeidler Union Square, “¡Felices Fiestas!” at Pere Marquette Park and “Slice of Ice Lights” at Red Arrow Park.
Dig deeper:
Street decorations will line several downtown corridors, including an 18-block stretch of silver and gold chandeliers over Wisconsin Avenue.
The Jingle Bus, a 40-minute narrated tour of downtown holiday sights, will operate Fridays through Sundays from Dec. 5 to 28. Tours depart from the festival’s new Warming House at Red Arrow Park, 920 N. Water St. Tickets are $8 per person, with advance purchases encouraged.
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The Ornament Trail will also return this year, with 20 ornaments hand-painted by locally or nationally renowned artists with Milwaukee ties. The Ornament Trail will run from Thursday through Jan. 18.
More information about the Milwaukee Holiday Lights Festival and Jingle Bus tickets is available on the festival website.
The Source: The information in this post was collected and produced by FOX6 News, with information from Milwaukee Downtown, BID #21.
MILWAUKEE — Neighbors of Dyer Playfield on Milwaukee’s west side and Milwaukee Public Schools voiced strong opposition to a potential lease agreement between the city and nearby Pius XI Catholic High School for enhanced athletic facilities at a Tuesday MPS committee meeting on Accountability, Finance, and Personnel.
“I’m firmly opposed to this partnership and lease agreement,” Warren said during public comment.
PREVIOUS COVERAGE | Community members shape conversation on Pius XI’s interest in Dyer Playfield in MKE
The concept would allow Pius XI to work with the City of Milwaukee and the MPS Recreation Department to provide upgraded facilities at the park. The Catholic high school already uses the fields for some of its athletics programs.
Pius XI President Jack Herbert spoke Tuesday and stressed a long history of collaboration with MPS and the city, and assured the board that community access would remain a priority under any agreement.
Watch: Milwaukee neighbors oppose Pius XI’s interest in long-term lease for Dyer Playfield
Proposed leased agreement meets opposition
“Any path forward will prioritize an upgraded welcoming recreation space that our neighbors, our students, and the broader community can continue to enjoy for generations to come,” Herbert said.
However, several community members expressed concerns about privatizing public space. Those who spoke also noted that Dyer is already well-utilized, going against claims that it’s underutilized.
Magnus, a neighborhood resident, argued against a long-term lease agreement.
“I don’t believe the land should be used for private use. The neighborhood does use it,” Magnus said.
The park is owned by the City of Milwaukee and operated by Milwaukee Recreation, a department within Milwaukee Public Schools. Sue, a frequent user of Dyer Playfield and a Pius XI graduate, believes the community should have input on any future changes.
“It makes most sense to let the rec department maintain control of Dyer field in a fair and collaborative process to reimagine it, to carry that out,” Sue said.
MPS Recreation has a proven model for revitalizing playfields through extensive community engagement – usually a 3-year process from planning to completion.
Several board members expressed opposition to a 100-year lease or any private control that undermines equitable public access.
MPS Superintendent Dr. Brenda Cassellius told board members that MPS would not consider a new lease agreement for Pius XI, emphasizing the district’s Long Range Facilities Master Plan must guide future land-use decisions.
She said no specific lease terms have been shared with the district at this time.
Alderwoman Sharlen Moore is revisiting the concept to have Pius XI take a more active role in the park and plans to bring the conversation to the Milwaukee Common Council.
Residents emphasized that a collaborative approach involving all stakeholders would best serve the community’s interests.
“Pius could certainly be part of that process, along with the neighbors and visitors and frequent users of Dyer,” Sue said.
Moore stressed that discussions are in early stages and that the community will be included in any future conversations about the playfield’s development.
This story was reported on-air by Mike Beiermeister and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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