Smith v. Wheaton

H-87-190 (D. Conn. Apr. 26, 2000). ; Clearinghouse Number: 53006

Description

Students at Juvenile Detention Facility Are Entitled to Special Education Assessments Under the Individuals with Disabilities Education Act

Abstract

The district court barred local school boards from implementing restrictive local policies that delay or prevent effective diagnosis of a juvenile’s special education needs and that conflict with federal law. In their class action against defendant state Board of Education, Department of Children and Families, and other state officials, plaintiffs—mentally disabled students of a juvenile detention facility—claimed that defendants’ policy of prohibiting the release of educational records without parental or guardian consent violated the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. The court ruled that the local boards must release complete school records to the juvenile facility in a timely manner to minimize disruptions to educational progress. The parties disagreed on the scope of special education and related services and on the placement and discharge procedures required under the Act. The court found that the law required that students be provided with “personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction.” It also held that if a local school did not have a special education program when a juvenile was discharged, the juvenile facility staff had a legal duty to complain to the state department of education, and the juvenile must be placed elsewhere. Finding that plaintiffs prevailed on four of the five key issues, the court awarded them $657,610 in attorney fees.

Additional Information

Attorney Information
Plaintiff represented by Anne Louise Blancard, Douglas Crockett, Connecticut Legal Services, 872 Main St., P.O. Box 258, Willimantic, CT 06226 (860.456.1761); Kathleen Boundy, Center for Law and Education, 515 Washington St., 3d Floor, Boston, MA 02111 (617.451.0855)
Docket Date
2000-04-26 00:00:00+00:00