We are not trying to force open the schools, we are trying to ensure that students with moderate to severe disabilities do not lose an entire year to neglect.
NWPORT BACH, CALIORNIA, UNITD STATS, September 10, 2020 /INPresswire.com/ — The Law Offices of azil A. Munir Announces A Class Action Lawsuit has Been iled Against the Governor of California, the Superintendent of Public Instruction, and nearly 1,000 School Districts Across the State of California, on Behalf of our Plaintiffs and 800,000 Children in California Schools With Special Needs, who Have Suffered Irreparable Harm.
MDIA ADVISORY/ PRSS RLAS
Contact: James D. Peters III the xecutive Director of the Special ducation Law Offices of azil A. Munir. mail: email@example.com secure website; autismanswers.us & covid19classact.com. Phone contact (949) 636-6994.
On August 31, 2020 The Law Offices of azil A. Munir filed a Class Action lawsuit in the U.S. District Court, Central District of California, Case No. 5:20-cv-01796, on behalf of the 800,000 children in California schools with special needs who are suffering irreparable harm by being sent to learn from home without any thought taken to the difficulties their disabilities cause in those circumstances. The Defendants are the Governor, the Superintendent of ducation, and nearly 1,000 school districts across the state. The case is before the Honorable Judge Dolly Gee.
Under the plan created by Governor Newsom under his May 4, 2020 xecutive Order and the July 17, 2020 DPH Guidance, schools were closed, and special needs students were sent home to learn. But their IPs were never adjusted to account for the difficulties these students face in distance learning / online instruction as compared to in-person instruction as a result of their individual disabilities. The failure of the Governor and School Districts to require accommodations for these moderate to severe students with disabilities violates federal law, the United States Constitution, and our civil rights laws.
In a Recent Supreme Court Decision, the Court determined school districts must offer more than the bare minimum (“de minis”) education to students with special needs. “De minis” by definition means barely any education at all. (See ndrew ., A Minor, By and Through His Parents and Next riends, Joseph . t Al. v Douglas County School District.) Clearly, the District’s virtual learning program amounts to even less than a “de minis” education for these special need students.
The special needs students of California have been denied their fundamental right to a basic minimum education because of the “impossibility” of distance learning without any accommodations being made to account for their disabilities. The Governor understood this when he first ordered students to learn from home, he said all the right things, but he never followed through on the law, and no one else has either. The Superintendent failed to offer the legally correct guidance. And Districts across California never reassessed their special needs students. District Special ducation Directors likewise have refused to provide compensatory services for students who regressed during the closure of school since March.
It is inconceivable how the Governor and School Districts can order students with disabilities to learn from home without providing the necessary supports needed to address their disabilities, including but not limited to trained 1:1 aide support, behavioral intervention which requires a behavioral trained aide, speech and language services required by a speech & language augmentive communication specialist, and occupation and physical therapy by licensed professionals. But they did. They sent them home without assessment of their conditions. Instead, they dumped this responsibility on the parents, parents who are not trained in special education and speech therapy and physical therapy. That’s unacceptable, especially with $1.5 billion set aside to help special needs students maintain their footing in this current crisis.
Some Districts have even contended that virtual learning a few hours a day is equivalent to going to school for a six hour day. Other special education directors insist students with moderate to severe disabilities can turn on their chrome books and follow along in class without any assistance, not cognizant of the fact students who have a 1:1 aide assigned to them who assist with hand over hand assistance can’t be prompted by the teacher on the computer where hand over hand is impossible. Or the student who has a Behavior Intervention Plan, which has the aide redirect the student back to their seat with a physical prompt which again is impossible to do over the computer.
Defendants now announce they will require distance learning for the entire 2020-2021 School Year, which is a real and immediate threat of future injury to these students because they cannot learn at home without help and therefore are losing and will continue to lose a valuable formative year and will fall further behind their peers, and continue to suffer Irreparable Harm.
We are not trying to force open the schools, we are trying to ensure that students with moderate to severe disabilities do not lose an entire year to neglect. They are entitled to a free and appropriate public education, a AP in accordance with ederal and California law, and to be placed on an even footing with every other student in the state. That means taking account of and accommodating for their disabilities.
It is in the public interest for children with special needs to receive the education they are entitled to, especially where safe alternatives are available to achieve the Governor’s and School District’s goals. The School Districts need to step up and do the right thing, do what the law requires. The Superintendent needs to make them obey the law if they won’t do it themselves. The Governor needs to show leadership on this issue and follow through his words with deeds. Give these students the opportunity to learn.
If you wish to be included in the class action without any cost to you. If you would like to see a copy of the ederal Complaint or if you would like more information please click here, or go to: covid19classact.com or autismanswers.us
Law Offices of azil Munir
email us here
Source: EIN Presswire