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Steven A. Greenburg, Education Law
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Conference to be held regarding 4-year-old education lawsuit

An out-of-state matter against one school district has been ongoing for close to four years. A lawsuit was filed against schools for not catering to the needs of disabled children. This would include students suffering from autism, bipolar disorder and hyperactivity. Attorneys on both sides decided to meet in an attempt to reach a compromise.

The filing involved 10 students. The school district was accused of violating the American with Disabilities Act and Individuals with Disabilities Education Act. Among other complaints, it was alleged that one student suffering from bipolar disorder was told he "was no longer welcome to return to school because of a manifestation of his disability." The mother of a dyslexic student also claimed that she was not allowed to enroll her child in school.

The school district has defended itself by listing off policies and programs designed to make certain the needs of disabled students are met. While levels of proficiency were only 38 percent for disabled students for the 2009-2010 year, it is claimed the rate rose to 60 percent by 2012-2013 school year.

The attorneys for the plaintiffs in this case have attempted to have the matter certified as a class action covering other students with disabilities. In this particular school district the attorneys state that there are constantly receiving messages from parents stating their children with disabilities have been turned away.

We've mentioned on this blog about similar cases being filed here in California. Regardless of what state a disabled student is in, there are certain federal laws that will protect that student's rights to receive an education. This includes providing students with services responsive to their needs.

Source: Greenwich Time, "Settlement effort to begin in 2010 schools lawsuit," Kevin McGill, May 24, 2014

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