Judge leaning toward state in parents' lawsuit over fading deaf school

Miss-Delectable · 10-16-2009, 12:54 AM

Judge leaning toward state in parents' lawsuit over fading deaf school | argusleader.com | Argus Leader

A dispute between the parents of hearing-impaired children and the operators of the South Dakota School for the Deaf probably does not belong in federal court, a judge said from the bench today.

Five families filed a class-action lawsuit in July against the Board of Regents, arguing a reduction of services at the school violates the state constitution and the children’s educational rights.

Lawyers for the state say parents can complain to the Department of Education if they disagree with a decision about their child’s special-education needs. The Office of Hearing Examiners would hold a hearing where the parents could put on evidence that their child belongs at the deaf school, Susan Brunick Simons said.

Steve Sanford, the plaintiffs’ lawyer, argued there are systemic problems with deaf education in the state, which can only properly be addressed in federal court. The state complaint system addresses only decisions about individual students’ education.

U.S. District Judge Lawrence Piersol said he is leaning in favor of the state’s argument that the families haven’t exhausted all their legal remedies.

“As I see it at this point, you’re in trouble on exhaustion,” Piersol told Sanford in court today.

Sanford is due to file a written response Friday to the state’s motion to dismiss.

Piersol said he might hold another hearing for oral arguments before ruling on the motion.

10-16-2009, 12:54 AM	#1 (permalink)
Miss-Delectable Capt Tony Nelson, Jeannie Join Date: Apr 2004 Location: No.1 Shopping Capital in Australia Posts: 10,238 Blog Entries: 3	Judge leaning toward state in parents' lawsuit over fading deaf school Judge leaning toward state in parents' lawsuit over fading deaf school \| argusleader.com \| Argus Leader A dispute between the parents of hearing-impaired children and the operators of the South Dakota School for the Deaf probably does not belong in federal court, a judge said from the bench today. Five families filed a class-action lawsuit in July against the Board of Regents, arguing a reduction of services at the school violates the state constitution and the children’s educational rights. Lawyers for the state say parents can complain to the Department of Education if they disagree with a decision about their child’s special-education needs. The Office of Hearing Examiners would hold a hearing where the parents could put on evidence that their child belongs at the deaf school, Susan Brunick Simons said. Steve Sanford, the plaintiffs’ lawyer, argued there are systemic problems with deaf education in the state, which can only properly be addressed in federal court. The state complaint system addresses only decisions about individual students’ education. U.S. District Judge Lawrence Piersol said he is leaning in favor of the state’s argument that the families haven’t exhausted all their legal remedies. “As I see it at this point, you’re in trouble on exhaustion,” Piersol told Sanford in court today. Sanford is due to file a written response Friday to the state’s motion to dismiss. Piersol said he might hold another hearing for oral arguments before ruling on the motion. __________________

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