Filed Date: Oct. 5, 2020
Case Ongoing
Clearinghouse coding complete
Student plaintiff filed a lawsuit on October 5, 2020 against the California Department of Education (CDE) claiming disability discrimination against students who require special education services during the summer period, or extended school year (“ESY”). The case was filed in the U.S. District Court for the Central District of California and assigned to District Judge Consuelo B. Marshall and Magistrate Judge Charles F. Eick. Plaintiff alleged violations of a state regulation, Cal. Code of Regs, tit. 5, § 3043, the Individuals with Disabilities Education Act (“IDEA”), Title II of the Americans with Disabilities Act (“Title II”), and Section 504 of the Rehabilitation Act (“Section 504”). The student claimed that local school districts throughout California instituted policies and practices regarding ESY services contradicting federal disability rights laws. As a result, thousands of students were deprived of appropriate ESY services in the most integrated setting and that the CDE—the state educational agency that oversees all local school districts—has failed to exercise its duty to supervise these districts and enforce the requirements of the IDEA, Title II, and Section 504.
The student asserted that his administrative complaint with the Office of Administrative Hearings (“OAH”) against Los Angeles Unified School District (“LAUSD”) for its failure to provide appropriate ESY services in his least restrictive environment means that he exhausted his administrative remedies.
On October 5, 2022, the case was referred for settlement conference. Settlement discussions were not successful and the case is now set for trial. The court certified the class on January 25, 2023.
Summary Authors
NDRN (12/28/2022)
See docket on RECAP: https://www.courtlistener.com/docket/18507408/m-c-v-los-angeles-unified-school-district/
Last updated Dec. 16, 2024, 4:46 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Key Dates
Filing Date: Oct. 5, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
individual plaintiff at first; class has been certified
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
LOS ANGELES UNIFIED SCHOOL DISTRICT, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Other Dockets:
Central District of California 2:20-cv-09127
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Disability and Disability Rights:
Discrimination Basis: