The Wisconsin Montessori Society, operating as Milwaukee Montessori School (MMS), has reached a settlement with the Department of Justice to address allegations of discrimination against children with disabilities. The settlement, announced on May 8, 2025, involves injunctive relief and a payment of $290,000. This resolves claims that MMS did not provide equal access to educational services for children with disabilities, violating Title III of the Americans with Disabilities Act (ADA).
MMS is a private institution offering education from pre-K through grade 8. Under Title III of the ADA, private schools and similar entities are prohibited from discriminating based on disability. The law protects individuals with actual disabilities and those perceived as having impairments.
Since at least 2018, MMS allegedly engaged in discriminatory practices against young children with disabilities. These actions included expelling or refusing admission to disabled children and failing to make reasonable modifications for them. The settlement agreement outlines these issues through the experiences of ten affected children.
Acting United States Attorney Richard Frohling emphasized the importance of the ADA's application to private schools: “Children with disabilities have the right to access the educational opportunities offered by private schools, including Montessori schools.” He added that this settlement underscores that obligation.
Under the terms of the agreement, MMS will pay $240,000 in damages to affected individuals and a $50,000 civil penalty to the United States. The school has also agreed to injunctive relief measures requiring monitoring and reporting. Additionally, MMS has voluntarily begun addressing some government findings.
The U.S. Department of Justice is authorized under the ADA to investigate complaints and conduct periodic reviews of covered entities. It can also initiate civil lawsuits seeking injunctive relief, monetary damages, and civil penalties.
Assistant United States Attorneys Lisa Yun and Nia Schmaltz represented the government in this case. It is noted that while MMS agreed to settle, it does not admit liability for these allegations.
