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Steven A. Greenburg, Education Law
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California Supreme Court rules on special education matter

One California resident was diagnosed with specific learning deficiencies when he was in second grade. He unfortunately ran into problems with the law at the age of 15. He then was placed into a juvenile facility where he was provided with special education as mandated by the California Education Code.

When this young man turned 18, he was transferred to the Los Angeles County Jail where no system was in place for special education services. A complaint was then filed with the Special Education Division of the Office of Administrative Hearings alleging violations of federal law in that this individual and others like him were deprived of a free public education that is mandated by the Individuals with Disabilities Education Act.

Though this young man was provided special education by the Los Angeles Unified School District, the school district also applied for relief in federal court. Eventually this matter went to the California Supreme Court which ruled that the young man was entitled to appropriate education while serving his time.

School districts may sometimes fight decisions such as this by asserting that providing special education to students may lead to difficulties as concern staffing obligations and other administrative matters. In this particular instance, the state's highest court ruled that none of the alleged problems for the school district in providing the special education courses were insurmountable.

When it comes to special education law concerns, parents may wish to speak to attorneys that practice in this area. Students do have particular rights when it comes to the law and schools cannot deny these rights without significant cause.

Any problems that children with specific learning deficiencies may pose will not be improved upon if the appropriate education is denied. In fact, the costs to society could be much greater if the education is not provided. It's partially for this reason that special education has been put in place and federal and state statutes have been implemented to make accommodations for these students.

Source: Metropolitan News-Enterprise, "S.C. Says School Districts Responsible for Special Education in Jail," Justin Levine, Dec. 13, 2013

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