Wednesday, April 25, 2012

Parents of disabled children sue California DOE

On April 23, 2012 two associations of parents of children with disabilities filed a federalLawsuit in Sacramento (Morgan Hill Concerned Parents Association, v. CDE;Case # 2:11-cv-03471-KJM-EFB) alleging that the California Department of Education (CDE) is systematically failing to provide California children with their statutory entitlement to a “free appropriate public education.” Federal legislation, known as the Individuals with Disabilities Education Act (IDEA), requires that all children with disabilities be provided a “free appropriate public education” [FAPE] “designed to meet their unique needs and prepare them for further education, employment, and independent living.” Plaintiffs seek to force the CDE to actively fulfill its statutory obligations to ensure the provision of FAPE, rather than passively record the districts’ failures. Among other shortcomings, the Complaint alleges that California school districts are failing to: identify children with disabilities at an early age; properly assess and categorize the children’s disabilities; develop and implement individualized education programs and educate them “to the maximum extent appropriate” in the “least restrictive environment,” that is, in a general education environment with their non-disabled peers. Continue reading on Parents of disabled children sue California DOE - National special education |
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