Lawsuit Against The California Department of Education For Failure To Educate Students With Disabilities Will Proceed
A federal district judge in Sacramento has denied a motion by the California Department of Education (CDE) to dismiss a lawsuit brought by two parent associations on behalf of children with disabilities. (Morgan Hill Concerned Parents Association v. Calif. Dep’t of Educ., U.S. Dist. Ct., Eastern Dist., Calif. No. 2:11-cv-3471-KJM-AC)). The parents have charged the department with systematically failing to assure that their children receive a free appropriate public education as required by federal and state law. The Court’s ruling of March 29 means the plaintiffs’ case may move forward.
COURT ALLOWS LAWSUIT AGAINST STATE AGENCY FOR SYSTEMATIC FAILURE TO EDUCATE STUDENTS WITH DISABILITIES
A federal district judge in Sacramento has denied a motion by the California Department of Education (CDE) to dismiss a lawsuit brought by two parent associations on behalf of children with disabilities. (Morgan Hill Concerned Parents Ass’n v. Calif. Dep’t of Educ. (U.S. Dist. Ct., Eastern Dist., Calif. No. 2:11-cv-3471-KJM-AC)). The parents have
charged the department with systematically failing to assure that their children receive a free appropriate public education as required by federal and state law. The Court’s ruling of March 29 means the plaintiffs’ case may move forward.
Plaintiffs’ lead counsel Rony Sagy, of San Francisco’s Sagy Law Associates called the ruling “an important breakthrough for California children with special needs.” The complaint, filed in 2012 by Sagy Law Associates and co-counsel Stephen Rosenbaum of Berkeley, details the experiences of numerous children who have suffered as a result of CDE’s systematic failure to adequately monitor, investigate and enforce laws at the school district level.
The complaint alleges, for example, that children with behavior problems have been improperly tied to their chairs and
A federal district judge in Sacramento has denied a motion by the California Department of Education (CDE) to dismiss a lawsuit brought by two parent associations on behalf of children with disabilities. (Morgan Hill Concerned Parents Ass’n v. Calif. Dep’t of Educ. (U.S. Dist. Ct., Eastern Dist., Calif. No. 2:11-cv-3471-KJM-AC)). The parents have
charged the department with systematically failing to assure that their children receive a free appropriate public education as required by federal and state law. The Court’s ruling of March 29 means the plaintiffs’ case may move forward.
Plaintiffs’ lead counsel Rony Sagy, of San Francisco’s Sagy Law Associates called the ruling “an important breakthrough for California children with special needs.” The complaint, filed in 2012 by Sagy Law Associates and co-counsel Stephen Rosenbaum of Berkeley, details the experiences of numerous children who have suffered as a result of CDE’s systematic failure to adequately monitor, investigate and enforce laws at the school district level.
The complaint alleges, for example, that children with behavior problems have been improperly tied to their chairs and
