Espinoza v. Montana Department of Revenue

/in , , , , , /by

State: Montana

Filed: November 15, 2019

Court: U.S. Supreme Court

Overview: The brief argues that voucher and tax-credit programs like Montana’s redirect public funds to private entities largely unbound by the federal laws that for generations have guarded the rights and futures of students with disabilities. Allowing such programs to proliferate would significantly harm students with disabilities.

Excerpt: “For nearly fifty years, children with disabilities have relied on key federal laws to ensure that they receive the education to which they are entitled and are protected from discrimination and segregation in public schools. School voucher and tax-credit programs, including the Montana program at issue in this case, risk eroding these decades of progress. They redirect public money to private schools, which often fail to offer appropriate or integrated education to students with disabilities and commonly exclude them outright. And they deplete funding for public schools, which remain bound to comply with the comprehensive federal laws ensuring that students with disabilities are properly served. In the process, more and more students with disabilities will be excluded, neglected, and segregated—precisely the harms that Congress has repeatedly acted to stop.”

Status: Awaiting decision from the U.S. Supreme Court

Case Documents

Amicus Brief 

Related Media

Press Release: Advocacy Groups File U.S. Supreme Court Brief Warning That School Vouchers Harm Students With Disabilities

G.T. v. Board of Education of the County of Kanawha

/in , , , /by

State: West Virginia

Filed: 2020

Court: U.S. District Court for the Southern District of West Virginia

Plaintiffs: Parents of children with disabilities in Kanawha County Schools

Defendant: Kanawha County School District

Counsel: The Arc, Mountain State Justice, Bazelon Center for Mental Health Law, Disability Rights West Virginia, Latham & Watkins

Overview: In 2020, The Arc, along with other local and national disability advocacy organizations filed a class action complaint in federal court alleging that Kanawha County Schools (KCS) has failed to educate children with disabilities, including autism, intellectual or developmental disabilities, mental health concerns, and Attention Deficit Hyperactivity Disorder (ADHD). Specifically, the groups assert that KCS—the public school district serving the Charleston metro area—has failed to provide behavioral and academic supports to students with disabilities and is instead segregating them into separate schools and classrooms, or sending them home because KCS schools will not educate them. The advocates allege that KCS has violated federal laws protecting students with disabilities.

As described in the complaint, scores of children with disabilities enrolled in KCS have been separated unnecessarily from mainstream classrooms in their schools. Instead, the students are segregated for years in separate classrooms where they interact only with other students with disabilities, and receive an inferior education; placed on “homebound” status where they may only receive a few hours of tutoring each week; or suspended or even expelled from school for behaviors that are caused by their disabilities. The students are not receiving critical behavioral supports that can help them be successful in the general education classroom with their classmates without disabilities.

Specifically, the complaints allege that KCS is: 1) violating the Individuals with Disabilities Education Act (IDEA) by failing to provide children with disabilities with the special education they need to receive a “free appropriate public education” in the least restrictive environment; and 2) violating the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act (Section 504), and the West Virginia Human Rights Act by failing to educate children with disabilities in the most integrated setting appropriate to their needs, and denying them equal educational opportunity.

Status: Plaintiffs overcame a motion to dismiss in July 2020. Litigation is ongoing.

Case Documents

Due Process Complaint

Federal Court Complaint

Amended Federal Court Complaint

Order on Motion to Dismiss

Related Media

Press Release: Class Action Complaint Filed in West Virginia Alleging Systemic Disability Discrimination in Kanawha County Schools

Press Release: West Virginia, National Disability Advocacy Groups File Complaints Alleging Systemic Disability Discrimination in Kanawha County Schools

Press Release: Court Rules that Federal Disability Rights Class Action Against Charleston, West Virginia School District Can Proceed

Washington Post: ‘Warehousing at its worst’: Rights groups say W.Va. school system gives inferior education to special-needs students

West Virgina Record: Special needs student sues Kanawha County Schools for not properly providing for students

 

2010 FINDS National Survey Family and Individual Needs for Disability Supports: Technical Report

/in , , , , , , /by

Most of the growth in services in the last half century has been to support people living in their own or a family home. However, between 2009 and 2011, the economic difficulties of the prolonged national recession began to slow the growth or in some places to result in actual reductions in publicly funded supports to families throughout the United States. Family caregivers play critically important roles in supporting the well-being of people with ID/DD. This is true for family members who are the primary caregiver as well as for those whose family member with ID/DD live in their own homes or in supported residential settings. As our society continues to depend on the active engagement of family caregivers for the support of individuals with ID/DD, it is important to understand and respond to the needs of those caregivers. In 2010 The Arc of the United States conducted a national internet survey that aimed to capture the perspectives of people with ID/DD and their family caregivers. The Family and Individual Needs for Disability Supports (FINDS) survey focused on issues including educational, housing, employment and support needs of people with ID/DD and their families. Family caregivers in 2010 reported substantial ongoing challenges to providing lifelong supports to family members with intellectual or developmental disabilities.

FINDS Community Report Data Tables

/in , , , , , , /by

As our society continues to depend on the active engagement of family caregivers for the support of individuals with ID/DD, it is important to understand and respond to the needs of those caregivers.

The 2010 Family and Individual Needs for Disability Supports (FINDS) survey focused on issues including educational, housing, employment and support needs of people with ID/DD and their families. Family caregivers in 2010 reported substantial ongoing challenges to providing lifelong supports to family members with intellectual or developmental disabilities. View the Data Tables to get a more robust analysis of the data on family caregivers collected throughout the survey.