G. v. Board of Educ. of Rochester City Sch. Dist.

No. 81-173T (W.D.N.Y. Oct. 15, 1993) ; Clearinghouse Number: 35026

Description

School District Agrees to Remedy Deficiencies in Evaluating and Placing Children with Disabilities

Abstract

After nearly two years of negotiations during which the parties met to identify consent decree compliance problems and to design correction strategies, defendant school district has agreed to additional measures to remedy deficiencies in its evaluation and educational placement of children with disabilities. Plaintiffs had brought this class action to challenge defendant's systemic violations of the Education for All Handicapped Children Act and Section 504 of the Rehabilitation Act of 1973. The parties previously entered into a consent judgment outlining new procedures to remedy the deficiencies. In October 1991, plaintiffs notified defendant of several areas in which noncompliance has increased substantially, including (1) failure to complete, within the required time provisions, referrals to the Committee on Special Education (CSE) of children with suspected disabilities; (2) inconsistent implementation, at the building level, of individualized educational programs developed by CSE; (3) unsuccessful efforts by special instructional services staff to enforce compliance with the consent judgment; (4) failure to provide students with disabilities, in certain instances, with access to the full range of programs and equipment available to general education students; and (5) incomplete implementation of disciplinary procedures. In this latest stipulation and order, defendant agreed to numerous remedial measures and to provide resources reasonably calculated to implement them. Defendant also agreed to pay $60,679 in attorney fees to plaintiffs' attorney, who will continue to monitor defendant's compliance. Counsel notes that the agreement reflects a commitment by defendant to provide programs for the inclusion of students with disabilities throughout the entire school district.

Additional Information

Attorney Information
Plaintiffs represented by Kathryn Smolarek, Bryan Hetherington, Monroe County Legal Assistance Corp., 87 N. Clinton Ave., Rochester, NY l14604, (716) 325-2520.
Docket Date
1993-10-15 00:00:00+00:00

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