Legal Ease!

We have now added a new section to our newsletter, called Legal Ease. Our goal is to provide information on current legal issues, advocacy resources and web sites for those inquiring about support for families and children.

In the News [Taken from LD Online]
The class action lawsuits against the American Psychiatric Association (APA),CHADD and the makers of Ritalin have been dismissed in California and Texas. chadd.safeserver.com/news/press05182001.htm

Senator Jefford’s party switch has implications for special education funding and may increase the possibility of mandatory IDEA funding. www.edweek.org/ew/ewstory.cfm?slug=38jeffords.h20

Good News!
Full funding for the Individuals with Disability in Education Act (IDEA) passed in the Senate. The Senate bill shifts funding from the discretionary side of the federal budget to a mandatory allocation. The House earlier rejected full funding.
www.edweek.org/ew/ewstory.cfm?slug=34tests.h20

State Exit Exam Discriminates, Lawsuit Alleges
Published Wednesday, May 9, 2001, in the San Jose Mercury News

In an unprecedented action that could eventually affect hundreds of thousands of disabled students statewide, Disability Rights Advocates filed a lawsuit Tuesday against California’s Department of Education, challenging its high school exit exam, which they contend discriminates against those with learning difficulties.

Please check the Mercury for the remaining article. www.mercurycenter.com/resources/search/center/search_newslibrary.html

Federal Judge Allows Lawsuit for Damages in Special Education Case
Can Judge Ezra force Hawaii to be accountable?
Long-term subscribers know that the U. S. Department of Education has not required states to comply with the Individuals with Disabilities Act. In “Back to School on Civil Rights,” the National Council on Disability found that no states were in compliance with the procedural requirements of the law. (The following excerpt is from the report. The full IDEA Compliance Report is available in the Law Library.)

Can courts force state departments of education to be accountable?
In what may be a landmark decision, U.S. District Judge David Ezra ruled Wednesday that parents of special needs children may be entitled to millions of dollars in damages from the state for out-of-pocket money spent on their children, lost income and even emotional distress.

… Wednesday’s decision was rooted in the case of 6-year-old Amber Nahale. Amber needs two-to-three hours of therapy a day to overcome autism. The Nahales also have an autistic son.

While the state is legally obliged to pay for the therapy, it didn’t for several years, forcing Amber’s parents to pay thousands of dollars for therapists.

“This is a terrifically significant decision that could affect probably thousands of families in the state of Hawaii,” said attorney Carl Varady. Varady represents families of special needs children.

Read about this important case: www.wrightslaw.com/news/2001/hawaii_lawsuit.htm