Stories & Grievances
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Children in New Mexico Win Their Case
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The Children of New Mexico Win a Big One
State of New Mexico, Department of Education Case Number 08974012-A In the fall of 1997 our family filed a 504 Civil Rights complaint against the State of New Mexico, alleging that the State discriminates against students on the basis of disability. Specifically we alleged that "based upon State policies and graduation requirements, policies, procedures, or practices of local education agencies in the State may be regarded as discriminatory against students with disabilities in the receipt of high school diplomas." Complicating the situation was the fact that this discriminatory educational practice was actually a state law. Students who graduated through the IEP process with any differentiation from the regularly required classes had to jump through several extra hoops. Children had to wait until the spring of their senior year, when their names were brought before the local school board for "approval" to graduate. Then the names went before the superintendent for "approval", etc. I believed it was not in the best interest of the child to leave the final decision to persons unknowledgeable about the child, or special education issues, during the last three months of a child's public schooling. Since a number of these people were politically elected I concerned about possible educationally irrelevant influences as well. We filed a formal 504 complaint but as a class action suit. Did you know that one person can file a class action suit and do it anonymously? The risky part of doing so is that you can jeopardize an individual child's case as it is not necessarily resolved from the class action suit. We were not worried, as we knew that this illegal law had to come off the books anyway. But it is important for parents to understand the difference between an individual complaint and a class action Civil Rights complaint. The children WON!! You can CLICK HERE to see the new set of state regulations. Congratulations to the very dedicated New Mexicans who worked for almost 18 months to come up with a model set of regulations for graduation: |