School District Sues State Dept. Of Education
Lawsuit Claims Department Exceeding Its Authority
SAN DIEGO, 4:58 p.m. PDT July 20, 2001 — The San Diego Unified School District is facing a court battle over special education.
Its fight is with the State Department of Education, and both sides have filed suit.
The dueling court actions involve the city’s special education program.
According to 10News, it all started with a complaint filed last August, on behalf of 16 special education students.
The Department of Education investigated and found a number of problems with the special education program.
It said that teachers and their aides are not being properly trained, 10News reported. It also said that were deficiencies in the completion of students’ individualized education programs.
In January, the state issued a list of 64 corrections. The San Diego School District says that it addressed 20 problems that were raised in the initial complaint. But it balked at some of the mandated changes.
When the Department of Education tried to force its hand by going to court, the district filed a counter-suit.
Luis Villegas, who heads the district’s special education department, says they have concerns about some of the state’s requirements.
“I don’t believe that a district, any district in the state of California, should say we’re going to do what we’re told and we’re not going to ask questions,” Villegas told 10News. We’re asking questions, and I think its only fair that we have a venue to address those questions.”
State Education attorney Michael Hersher admits that the state is being tough on San Diego. But, according to 10News, he says this compliance problem has come up before and that the state is frustrated with the district’s failure to remedy the problem.
When 10News asked Villegas about the issue, he said that the district completed a long program to bring special education up to standards, showing their commitment to special education students.
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Thanks for the update. I’m not there yet, but I’ll do my best. You have to give SDCSD some credit, they were smart enough to hire me!!