FOR  IMMEDIATE RELEASE                   Contact:

November 21, 2007                                      David Carlson, Assoc. Dir. of Legal Advocacy

                                                                        (206) 324-1521

 

DSHS and School District Attempt to Re-Segregate Students with Developmental Disabilities

Decision major step backwards: Forces students with disabilities out of local schools

 

 

SEATTLE – Parents of children with developmental disabilities filed a lawsuit today to stop plans to remove their children from public school.

 

The Bremerton School District confirmed that the Department of Social and Health Services’ (DSHS) Division of Developmental Disabilities (DDD) intends to remove from local schools all students living in Francis Haddon Morgan Center (FHMC), a state-run institution for people with developmental disabilities. 

 

The school district plans to provide segregated educational services to these students at the institution, instead of in a public school.

 

As part of the lawsuit, the parents, who are represented by a nonprofit watchdog group called Disability Rights Washington (DRW), have filed a motion for a preliminary injunction in the Thurston County Superior Court.  The motion asserts the move violates both state and federal law and that the move, even if temporary, will cause irreparable harm to the students.

 

 “The Washington Constitution – as well as the federal constitution and anti-discrimination and education laws – all make it very clear that segregation of children with disabilities in this way is illegal,” said Regan Bailey, Director of Legal Advocacy for DRW.

 

Up to now school-aged residents of FHMC have received their education within the local school district. The preliminary injunction, if granted, would allow the students to remain in their community-based schools and prevent the State and school district from segregating students, while the merits of the lawsuit are decided.

 

The lawsuit names the Bremerton School District, DSHS, and Office of Superintendent of Public Instruction (OSPI) as defendants. 

 

“Each defendant has a specific but different role to assure each student receives a free, appropriate public education, in the least restrictive environment. Instead of working together to accomplish that goal the defendants are in a dispute over responsibility at the expense of the students,” said DRW Executive Director Mark Stroh.

 

Cecile Lindquist, speaking for the Education for All Committee said, “The school district’s action is a tragic regression to when local school districts refused to serve and discriminated against children with disabilities living within their districts.   It is unconscionable that this is happening in the very state where the nation’s first mandatory special education law was enacted years before the federal Education for All Act  of 1975. The school district’s decision is in direct conflict with decades of established law and real-world practice of including all children in the public schools.”  

 

“Everyone should have the chance to be educated in a non-segregated environment,” said John Lemus, self-advocate and club trainer for Self-Advocacy in Motion. “School doesn't work if you aren't around your peers. People miss the social interaction and they lose out.  I think this is a huge step backwards. I think the Governor needs to step up and do something about this. It's like we're going back to segregated schools, like when it wasn't okay for black and white people to go to school together. Now they are saying that students with disabilities can't be in school anymore. It gives in to the stigma that's already in place for these kids.”

 

 

# # #

 

 

Disability Rights Washington (DRW) is a private non-profit organization that protects the rights of people with disabilities statewide.  The mission of DRW is to advance the dignity, equality, and self-determination of people with disabilities.  DRW works to pursue justice on matters related to human and legal rights.

 

The following individuals have expressed a willingness to respond to inquiries from the press.  Inclusion on this list is not necessarily an endorsement of the lawsuit.

 

George Adams, Chair of the Self Advocate in Leadership Coalition, Bremerton, 360-421-9208

Sue Elliot, Executive Director of the Arc of Washington, Olympia, 360-357-5596

Ed Holen, Executive Director of the Developmental Disabilities Council, Olympia, 800-634-4473

Christie Perkins, Public Policy Chair of the Special Education Coalition, Tacoma, 253-588-0637

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Self-Advocate Letter Campaign

We Want Inclusion for Youth!

Problem

More youth are being placed in institutions, like Fircrest and Frances Haddon Morgan. Some of these institutions are now opening up schools, so students won’t be able to go to school in the community anymore.

 

 

What you can do

You can write a letter to the Governor, and to the person in charge of all the schools in Washington. (Addresses are on the back of this paper.) You can say what you think about this issue. You can talk about why you think it is important for students to live and go to schools in the community. 

 

 

Who is part of this campaign?

Self Advocates in Leadership Coalition (SAIL), the Self Advocacy in Motion Project (SAM), People First of Washington, Self Advocates of Washington (SAW), the LEAD Coalition, Disability Rights Washington and most importantly YOU!

 

What could I say in my letter?
The letter should be your own words, but here are some things you can talk about:

 

why you believe in inclusion

your stories of going to school and being included 

why you think students should live, work and learn in the community

your experience living in an institution

your experience with family members in institutions

special education law says that students should be included as much as possible

why you think all people deserve to grow up in a home, and not an institution

 

 

 

Where do I send the letter?

 

1. Governor Chris Gregoire

Office of the Governor                            

PO Box 40002
Olympia, WA 98504-0002

 

2. Terry Bergeson, Superintendent

Office of the Superintendent of Public Instruction

PO Box 47200

Olympia, WA  98504-7200