In 2012, MORGAN HILL CONCERNED PARENTS ASSOCIATION filed an action to enjoin the California Department of Education (CDE) from violating the rights of children with disabilities to receive a “free appropriate public education” (FAPE). Plaintiffs, associations of concerned parents of California children with disabilities, and sought to redress Defendant’s violations of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and related federal and state laws.
As the entity charged with the frontline responsibility for ensuring that all children with disabilities in the State receive FAPE, CDE must either ensure that the local educational agencies (LEAs) implement that core mandate or undertake the task itself. Plaintiff alleges that the CDE has done neither.
Plaintiff specifically alleges the CDE’s:
- failure to educate children with disabilities in the general educational environment “to the maximum extent appropriate,” or, as defined by the IDEA, failing to provide FAPE in the Least Restrictive Environment (LRE);
- failure to locate, identify and refer children with disabilities as required by IDEA’s “Child Find” provisions;
- failure to initiate evaluations when a child’s conduct and performance demand it and resistance to parental requests for independent educational evaluations (IEEs);
- formulating individualized educational programs (IEPs) without the statutorily mandated team, most insidiously the routine exclusion of parents;
- failure to consistently implement IEPs; and
- failure to maintain continuity in children’s placements.
As of March 2018, the suit is still in the discovery phase and has encountered a number of hurdles concerning student privacy, etc.
Plaintiffs have just filed their 9th Status Report.
Six (6) years and counting…