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Transition Services Class Action Lawsuit

Hello--my name is Lewis Bossing and I am an attorney at the Legal Aid Society of San Francisco - Employment Law Center. My office, along with other nonprofit agencies throughout California, is investigating how and whether transition planning and services are being offered to qualifying students receiving special education. We helped file a lawsuit in December in Los Angeles regarding the failure of the California Department of Education and some local school districts to ensure that transition planning and services are provided to students who desperately need these services. We're looking to speak with families about their transition experiences, including any problems they've had getting transition planning and services. If you or someone you know would be willing to help us by speaking with us about their transition planning issues, please urge them to contact me at (877) 593-0074(toll-free) or (415) 864-8848 ext. 268, or at lbossing@las-elc.org. Thanks.

HIGH SCHOOL STUDENTS WITH DISABILITIES SUE DEPARTMENT OF EDUCATION
Class Action Alleges State's Failure to Provide School-to-Adult Transition Services

LOS ANGELES (DECEMBER 12, 2006) - Several adolescents with disabilities filed a federal class action lawsuit against the California Department of Education, the Montebello Unified School District, and other agencies alleging that that children with disabilities across California are leaving high school without crucial supports and services in place to help them lead independent lives.

The students allege that the agencies named in the suit have failed to provide the plaintiffs, and other special education students statewide, with critical programs, known as "transition" services, that are required by state and federal law to help students with disabilities make a seamless transition from school to adult life, including work, further education, and independent living. The students seek a statewide injunction ordering California to improve transition planning services for youth in special education.

"The goal of transition services is to ensure that students with disabilities are able to realize their full potential as contributing members of society after leaving high school. When the Department of Education and local school districts fail to provide these transition services they fail not only the children, but society as a whole," says Shawna L. Parks, one of the plaintiff attorneys. "With these services, children with disabilities can become adults who are integrated into the economic and social fabric of our society. Without them, many will face significant obstacles to becoming independent and employed."

Federal and state law imposes specific procedural and substantive requirements on school districts providing special education services. School districts are required to include transition services based on skills and interest assessments -- in what are known as "Individualized Education Plans" (IEPs) of every student receiving special education services -- before that student turns 16. After necessary transition services are identified in the IEP, the school district must work together with the family and outside agencies-such as centers for independent living, regional centers, and community colleges-to ensure that the services are implemented.

The California Department of Education has the ultimate responsibility for ensuring the provision of appropriate transition planning and vocational education to all California children and youth with disabilities. The lawsuit alleges that the Department of Education and the other agencies have violated state and federal laws in failing to meet key special education requirements. In addition to not providing basic transition services, the suit cites failures by the defendants to provide adequate notice to parents and students about the availability of transition planning; to ensure that outside agencies that provide services before and after the child leaves the school system also attend transition planning meetings; to include appropriate vocational education; and to undertake the assessments needed to determine student strengths, preferences, and goals for adult life.

"California is and has been wholly deficient in providing transition services to youths with disabilities. This will pose problems for years to come as these children grow up and struggle to find supportive services, get jobs, or pursue higher education," says Maureen Graves of the California Association for Parent-Child Advocacy, a group of parents and advocates of students with disabilities, which is also a plaintiff in the case.

The plaintiffs are represented by the Disability Rights Legal Center, a 30 year-old non-profit organization that protects the civil rights of individuals with disabilities, the Learning Rights Law Center, an independent non-profit organization whose sole mission is the rights of students, The Legal Aid Society of San Francisco - Employment Law Center, a non-profit legal services provider that promotes the stability of low-income and disadvantaged persons by addressing issues that affect their ability to achieve self-sufficiency, and Latham & Watkins LLP.

The case is B.L., et al. v. California Department of Education, et al., Case No. Case No. 06-cv-07630 FMC (VBKx)

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