This administrative complaint of 2013, resulted in state establishing proactive obligation of school districts to ensure appointment of “surrogate parents” for children with disabilities in foster care residential placements, adoption of new monitoring procedures, and issuance of new state guidance.

The Education Law Center filed this Dec. 10, 2013 lawsuit on behalf of two students experiencing homelessness who have recently been dis-enrolled from their public schools due to lack of residency. Plaintiff N.C. is a senior in high school who is on track to graduate and his brother, Plaintiff N.G.C., an 8th grade student. Both children have special education needs and have attended school in Easton Area School District all their lives.

The two students are currently back in school pending a judge’s ruling on the case.

NC_Easton_Complaint

NC_Easton_PreliminaryInjunction

On August 23, 2012, the Court granted final approval of a Class Action Settlement Agreement providing comprehensive relief to over 300 former residents of a group home who were educated in a segregated and more limited educational setting at McKeesport Area School District.

The lawsuit, filed by ELC in partnership with Pittsburgh-based KidsVoice, claimed that the District violated state and federal laws by treating residents of the group home in a discriminatory manner and denying them access to the full range of educational opportunities afforded to residents of the District. The Settlement Agreement approved by the Court ensures that all students residing in the group home will have full access to educational opportunities in regular public schools. In addition, the Agreement provides supplemental educational services to all students and compensatory education services to students with disabilities who resided in the group home.

• Read the Settlement Agreement
• Read the notice to learn what services are available
• Complaint and Motion for Class Cert.

This case, filed in February 2011, involves an issue of first impression in the Third Circuit Court of Appeals regarding the meaning of the IDEA’s requirement that the special education and related services and supplementary aids and services in a child’s IEP be “based on peer-reviewed research to the extent practicable.” The case was argued in front of the Third Circuit Court of Appeals on March 19, 2012.

• Brief

Preliminary injunction granted; district was court ordered to immediately enroll 5-year-old child in foster care who had been turned away for failure to meet kindergarten registration deadline.

This complaint resulted in corrective action report requiring school district to provide a full day of instruction and an educational program that is “equally effective” as that afforded to non-disabled peers including, access to public school to youth residing in drug rehab residential placement who had previously received only 5 per week of education.

Preliminary injunction granted to enforce a hearing officer’s decision to include a 10-year-old student who is deaf and blind in regular education.

Establishing, under IDEA, right of pre-school child with disabilities to smooth transition to school-age services and pendency.

This case, filed March 2009, settled May 2010, sought early intervention services for very young, medically fragile children with multiple disabilities who are living in nursing facilities.

• Complaint
• DPW bulletin and announcement (requiring that children be referred for evaluation for EI services)

This case established enforceable rights of students experiencing homelessness to remain in the same school despite duration of homelessness.

This case challenged exclusion of highly mobile students experiencing homelessness to enroll in school when it was difficult to establish a school of origin or where the family was living. The decision resulted in state policy that, among other things, now ensures enrollment that allows homeless families to establish residency in a district where they have a substantial connection.

This case gave students who were receiving child support payments and living with relative the right to enroll in school under state law.