Posted September 08, 2018 07:24:00 The parents of a special education student in California’s Central Valley have started a petition to have the district remove the students name from the special education register, which has since been changed.
In August, a lawsuit filed by the parents of the child, who has Down syndrome, said the district violated his rights to due process, access to legal counsel, due process for his parents and a hearing before an administrative law judge.
The family’s attorney, David Schaffer, said his clients petition was being coordinated with a local advocacy group called Parents Without Bias.
Schaffer said the petition is being coordinated through the California Office of Special Education and was prompted by a case in which a special needs student in Arizona was removed from the Special Education register, despite being a child with a disability, after the state added a diagnosis to his school record.
Schafer said that case also involved a child in Arizona who had been removed from school without cause, and the parent in California has been in touch with parents in Arizona and California to advocate for their children.
Schiff said he believes there is a clear trend in California to remove the names of children with special needs from special education registers, and his office plans to file a lawsuit if the district does so.
“I believe there is an epidemic of parents trying to remove their children from special ed records, especially when they are children with Down syndrome and disabilities,” he said.
“I believe parents who want to remove names of special ed students are acting like they have no rights.”
In February, the Arizona Department of Education changed its special education status to “non-advocacy,” a move that was hailed by advocates for children with disabilities.
But parents and advocates of special education children said the move was unfair, and called for the change to be reversed.