Welcome to Disability Rights Advocates
This document is intended to clarify Disability Rights Advocates (DRA) role as class counsel in the Spieler v. Mt. Diablo class action case on behalf of children with disabilities in the District, and our current responsibilities under the Consent Decree.
As class counsel, we are responsible for ensuring that the District complies with the terms contained in the Consent Decree during the Court-ordered ten year injunction which began in November 2000. The Consent Decree specifically focuses on systemic architectural and policy issues in the District, and does not address individual special education issues. In fact, individual children's IEP and 504 matters were excluded from the scope of the case from the beginning, DRA, which is a nonprofit legal center with a very small legal staff, does not have the resources to separately represent each of the District's nearly 5,000 children who have IEPs and 504s and who might request assistance with their personal matters.) This is reflected at paragraph XII of the Consent Decree which indicates that "any individualized obligations to specific students" are not within the case. Thus, our focus is on systemic architectural and policy issues which affect the class as a whole.
As required by the Consent Decree, DRA reviews the quarterly monitoring reports prepared by the two neutral Consent Decree experts, Logan Hopper (who monitors architectural barrier removal) and Dr. Lou Barber (who monitors District policy/practice and procedure). In the event that the District is not in compliance during the ten year injunction, the Consent Decree contains a Dispute Resolution process at paragraph V. There are actually two processes described at paragraph V: (1) a dispute resolution process for class members to utilize in the event that they have a complaint about the District's implementation of the Consent Decree, and (2) a separate dispute resolution process for class counsel to utilize in the event that we conclude, based upon the quarterly reports and other evidence, that the District is not in compliance with the injunction in some regard. In the event that the matter is not resolved by the school district, class counsel can bring the matter to the court for mediation.
In the event that you believe that the District is not in some manner conforming to the requirements of the Consent Decree, you may use the first process as set forth at paragraph V.A. This would be in addition to (but would not take the place of) the due process system which is available to address IEP disputes (under IDEA) and 504 disputes (under Section 504 of the Rehabilitation Act.) If you decide to use the Consent Decree Dispute Resolution process, it is important that you send the District a letter specifically stating that you are making a formal complaint under paragraph V.A., "Dispute Resolution," of the Consent Decree. Be sure to keep a copy of this letter for your records.
In addition, the Consent Decree at paragraph III.E provides for a Parent Liaison to assist parents with special education matters. You may wish to contact Melody Royal, Parent Liaison, at the District Office to assist with special education matters. You may also wish to contact Dr. Lou Barber, the Consent Decree expert regarding policy matters, who may be reached at the District Office, to inform him of your concerns about the District's placement process and provision of services relating to children's special education needs. Also, if you submit an intake, Disability Rights Advocates will be able to record your complaint regarding the District's handling of your child's special education needs.
As described above, the Consent Decree limits our role to ensuring compliance with the Consent Decree (and to utilizing the Dispute Resolution process described in the Consent Decree in the event of systemic noncompliance) and does not include services to individual families relating to their child's IEP and 504 Plan. We also cannot offer legal advice on cases that we have not accepted for litigation.
This does not mean that you do not have a meritorious case. There are several agencies, listed on the IEP, Individual Education Plan and 504 Representation link, with resource materials for parents that may provide you with the information you need. These organizations may have excellent special education resource guides available for parents which clearly explain parents' and students' rights concerning IEPs, 504 Plans, and due process. These organizations also have parent advocates on staff who may be able to assist you with your child's special education issues. If you wish to retain a private attorney, we would be happy to provide you with referrals to several special education attorneys upon request.
Please do not hesitate to contact us if you have any additional questions.
