Tami: Can due process be filed as a class action if a school is out of compliance on multiple IEPs?
Due Process: CAN DUE PROCESS BE A CLASS ACTION?
Special Education Law and Advocacy
Yes it can. I actually just found this one today. I’m in the process of Due Process and this is almost my exact situation…I should say, only one of my complaints. It is a case in Pennsylvania regarding shuffling placement of students with autism. Also, recently in my district there was a class complaint to the state as well (IL).
The link to the case is
http://www.pilcop.org/wp-content/uploads/2012/04/PV-Complaint.pdf
I believe not, I thought that the IDEA specifically says that Due Process is limited to one child. However, one can go after the folks who are supposed to be supervising the administration of the IDEA. This is the approach of the Concerned Parents of California, who are suing the California Department of Education for failing to monitor schools and respond to failures of the schools to follow IDEA.
Possibly you have heard of the recent concerns over the Concerned Parents of California getting data on students. As I see it, the reason for asking for access was to prove that CDE was not monitoring its own data (which might show non-compliance with IDEA), and the reason for the PII being in the data is that CDE is refusing to redact it.
Hi Dad2Luke. I have twins that just turned 9. My daughter is welcomed at her homeschool here in D25 Arlington Heights IL, while her brother is shunned off to a special education self contained class on the other side of town. I’ve seen multiple posts from you on wrightslaw. My husband and I have fought this district for 2 years and took the district to mediation over the summer, and got a “joke” of an outcome. Looking for any pointers or how to set up a bar graph that you spoke of, complaining to the school board, fling due process, doing a state complaint? It’s all exhausting but we feel our son is drowning and for the greater good of all future students these programs must be stopped. Thanks for any response!