Litigation

On this page, you'll find information on recent and pending ELC cases. For copies of court pleadings and for information on the many other cases that ELC has litigated, please contact us.

DISABILITIES/SPECIAL EDUCATION

Derrick F. v. Red Lion Area School District (Middle District of Pennsylvania 2006) 

In a case brought to enforce a hearing officer’s decision to include a 10-year-old boy who is deafblind in regular education, the court granted the parents’ motion for preliminary injunction and ordered that the school district provide training to Derrick’s intervener (the person who attends school with Derrick and acts as his “eyes and ears” by providing communication and information to Derrick about his environment) from a qualified and experienced trainer of interveners.  To read the decision, click here. 

Pardini v. Allegheny Intermediate Unit (U.S. Court of Appeals, 3rd Circuit, 2005)

U.S. Court of Appeals for Third Circuit held that child in early intervention has right to a "smooth transition" at age three; services must continue while disagreements are worked out.

In the Interest of C.M.T. (PA Superior Court, 2004)

Superior Court held that, In child welfare case, court should have heard evidence that child's attendance problem was related to her disability (Asperger's Syndrome).

In the Interest of D.A.S. (PA Superior Court, 2005)

ELC argued that that juvenile court should have considered child's disability (Asperger's Syndrome) before finding him delinquent. On April 4, 2006, the Superior Court ruled against our position and upheld the juvenile court's decision, in an unpublished, "non-precedential" opinion.

ENGLISH LANGUAGE LEARNERS

Philadelphia School District (U. S. Dept. of Education, Office for Civil Rights)

In June 2007, the School District of Philadelphia entered into a compliance agreement concerning services to English language learners assigned to Community Education Partners, a large, privately-managed disciplinary school. The agreement was in response to a complaint filed by ELC in 2006.

Pittsburgh School District (U. S. Dept. of Education, Office for Civil Rights, settlement reached, 2006)

On May 22, 2006, ELC and the Pittsburgh School District reached a settlement of ELC's complaint concerning the education of Somali refugee students.

FOSTER CARE AND JUVENILE JUSTICE

Velazquez v. East Stroudsburg Area School District (Court of Common Pleas of Monroe County 2006)

Court ruled against ELC’s argument that child who lived with grandmother had right to attend school in grandmother’s district under Pennsylvania law.  ELC filed an appeal to the Commonwealth Court, which is pending. 

See in the Interest of D.A.S. and In the Interest of C.M.T., listed under "Disabilities/Special Education," above.

FAIRNESS IN DISCIPLINE

Tyson v. School District of Philadelphia (PA Commonwealth Court, 2006)

Commonwealth Court ruled against ELC's argument that a student transferred to an "alternative school for disruptive students" can appeal the decision to court. The PA Supreme Court denied our request for review of the Commonwealth Court's decision.

D.C. v. School District of Philadelphia (PA Commonwealth Court, 2005)

Commonwealth Court agreed with ELC that a state law, under which Philadelphia students returning from delinquency placements were automatically assigned to alternative schools, was unconstitutional.

SCHOOL IMPROVEMENT AND NO CHILD LEFT BEHIND

Complaint to PA Department of Education concerning parent engagement in Philadelphia

Commonwealth of PA, Dept. of Education v. Chester-Upland School District Special Board of Control