10-18-2009, 06:54 PM
having done some reading:
DickWilson asked
http://disappearednews.com/2009/10/count...wdown.html
Attorney Keith Peck said before a meeting of parents on Thursday that by scheduling these days off, the DOE has "anticipatorily repudiated" IEPs (Individual Education Plans).
How to understand an IEP? An IEP is like a contract. If it is done right, it is an agreement between parents and schools that covers the types and location of services to be delivered to a student for a specific period of time and it identifies the service providers. And it is enforceable in federal court.
http://www.starbulletin.com/news/hawaiin...ction.html
At a meeting of parents of children with special needs on Thursday evening, attorney Keith Peck predicted that Furlough Fridays would soon be blocked by legal action. Individualized education plans for special-education students, mandated under federal law, specify the number of minutes of services and instruction required for each child.
"They cannot violate the federal law with their state act," said Peck, who focuses on special education. "One class-action suit in federal court will stop it all."
The state Department of Education, however, vows to continue educating special needs kids as mandated, despite Furlough Fridays.
"We will provide the services that are required in the Individualized Education Plan," Superintendent Pat Hamamoto said last week. "We are looking in some instances at rescheduling, doing makeups. We will work with the parents and schools on what is the best way to get this accomplished." [Star-Bulletin, Parents demand action, 10/18/2009]
______________
Basically, this case can be filed because the state can't go against federal law, not because only a special class of people deserves to be represented.
Should be interesting ...
who knows, maybe this will result in a benefit to all the children. I certainly hope so. It does sound like the DOE is going to try to weasel its way out though.
DickWilson asked
quote:The attorney is not saying only special needs kids are affected, just the opposite. However, to file a lawsuit that will stick there has to be a viable cause of action. Read this:
why is the lawsuit only appropriate for special needs students. Is this stupid idea of Lingles only affecting special needs students and not the thousands of other students? The thing that gets under my skin about all of this, is that a lawsuit is only filed for a special class of students and not all the students.
http://disappearednews.com/2009/10/count...wdown.html
Attorney Keith Peck said before a meeting of parents on Thursday that by scheduling these days off, the DOE has "anticipatorily repudiated" IEPs (Individual Education Plans).
How to understand an IEP? An IEP is like a contract. If it is done right, it is an agreement between parents and schools that covers the types and location of services to be delivered to a student for a specific period of time and it identifies the service providers. And it is enforceable in federal court.
http://www.starbulletin.com/news/hawaiin...ction.html
At a meeting of parents of children with special needs on Thursday evening, attorney Keith Peck predicted that Furlough Fridays would soon be blocked by legal action. Individualized education plans for special-education students, mandated under federal law, specify the number of minutes of services and instruction required for each child.
"They cannot violate the federal law with their state act," said Peck, who focuses on special education. "One class-action suit in federal court will stop it all."
The state Department of Education, however, vows to continue educating special needs kids as mandated, despite Furlough Fridays.
"We will provide the services that are required in the Individualized Education Plan," Superintendent Pat Hamamoto said last week. "We are looking in some instances at rescheduling, doing makeups. We will work with the parents and schools on what is the best way to get this accomplished." [Star-Bulletin, Parents demand action, 10/18/2009]
______________
Basically, this case can be filed because the state can't go against federal law, not because only a special class of people deserves to be represented.
Should be interesting ...
who knows, maybe this will result in a benefit to all the children. I certainly hope so. It does sound like the DOE is going to try to weasel its way out though.