Black Bear v. Mid-Central Educational Cooperative
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The Supreme Court affirmed the decision of the circuit court dismissing students' claims seeking to recover for lost funding for services denied to them under the GEAR UP program due to mismanagement and embezzlement, holding that the students lacked standing to bring their claims.
The students in this case attended schools that GEAR UP was meant to serve and now attended college. The students claimed to have been denied GEAR UP benefits in their schools due to embezzlement and negligent supervision, among other claims. The circuit court granted summary judgment in favor of the defendants, concluding that the students had standing to bring their claims but that the claims were preempted by federal law. The Supreme Court affirmed but on other grounds, holding the students failed to show standing because they failed to show how an award of monetary damages would redress the alleged past loss of supplemental educational services.
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