Oregon Students With Disabilities Sue State Education Department

PORTLAND, OR – Oregon deprives hundreds of children with disabilities a full education by not providing them with a full-day of school on a regular basis. That's the charge made in a class-action lawsuit filed by Disability Rights Oregon and other groups.

The suit names Gov. Kate Brown in her official roles as governor and the state's Superintendent of Public Instruction as well as Colt Gill, the Director of the Oregon Department of Education and Deputy Superintendent of Public Instruction.

The suit was filed in federal court in Eugene.

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"For years, hundreds of children with disabilities across Oregon have been denied the opportunity to attend a full day of school," the suit charges. "This longstanding denial persists unabated today.

"Many public schools throughout Oregon have unnecessarily and unlawfully shortened the school day for children who engage in challenging classroom behaviors related to their disabilities."

The suit demands the state work harder to guarantee that districts across the state are able to provide for children with disabilities.

In their attempt to get the suit certified as class-action, the Disability Rights Oregon tells the story of three students:

• Aidin – An 8-year-old fourth grader who is on the autism spectrum. DRO says that he's seen his school days shortened since he was in kindergarten and asked to leave class for behavioral issues such as talking to himself and asking questions without raising his hand;
• Elijah – 10-years-old and also on the spectrum. That's resulted in him having trouble in being able to understand people's non-verbal communication despite enjoying school and having strong academic schools; and
• Blake – a 14-year-old with a severe form of autism and epilepsy, DRO says he hasn't attended school full-time in almost five years.

The lawsuit says that schools may be trying to do the right thing by taking students out of class so that they can de-escalate and relax, in the long-term, it doesn't always work that way.

"Children who are placed on shortened school days often receive one or two hours of instruction per day; some receive as little as half an hour of daily instruction," the suit says.

The state has not yet responded to the suit.

YOU CAN READ THE SUIT BELOW:

Phots of Elijah, Aidin, and Blake via Disability Rights Oregon.