Has Louisiana Failed Disabled Students?

According to ABC News’ Mary Bruce Reports: Education Secretary USDOE Sec. of Education Arne Duncan has previsously said that Hurricane Katrina was “the best thing that happened to the education system in New Orleans” because it gave the city a chance to rebuild and improve its failing public schools.  Do the families of students in New Orleans agree?  Will the nation?  And what will the legal system think?  It may all play out on the public stage.

From the AP
Published Online: July 29, 2010
Suit Says La. Schools Fail Disabled Students

New Orleans

Three groups claim Louisiana's Department of Education fails to ensure that students with disabilities have equal access and are protected from discrimination.

Their complaint says more than 30 of the 80 New Orleans schools that have opened since Hurricane Katrina have violated the rights of disabled students.

State Education Superintendent Paul Pastorek said he didn't know if the alleged incidents occurred, but the sort of hardships described are unacceptable. But he said he also is disappointed the groups didn't report the alleged problems until after its news conference.

"If we had been notified, we would have worked with this organization, these students and their families to resolve any deficiencies so that their physical, emotional and educational needs are met by their local districts and schools," he said.

Eden Heilman, an attorney with the Southern Poverty Law Center, said the schools in question are across New Orleans. Heilman's group, the Community Justice section of the Loyola Law Clinic, and the Southern Disability Law Center filed the complaint on Wednesday.

A complaint can be filed under the disability law to try to address the problem before filing suit in federal court, Heilman said. A response should take no more than 45 days, she said.

"As the five-year anniversary of Katrina approaches, we need to take stock of where we are. We're rebuilding our schools, but leaving behind our most vulnerable children," said David Finger, Assistant Clinical Professor at Loyola University Law Clinic. "The Louisiana Department of Education has a legal and moral duty to intervene."