Strike could harm special-needs kids
Attorneys filed a federal lawsuit against Denver Public Schools on behalf of more than 10,000 disabled students who the suit alleges likely will be harmed more than other students by the teachers strike that began Monday.
The civil lawsuit was filed in U.S. District Court in Denver on Monday on behalf of a child identified only as E.A. by Aurora attorneys Igor Raykin and Tyler Jeffery. The lawyers are seeking class-action certification for the lawsuit.
The lawsuit seeks a court order against DPS ensuring that the district provide necessary special education services to all disabled students.
DPS spokesman Will Jones said students with disabilities were “well supported” in their schools on Monday, dismissing the lawsuit as “appear(ing) to be based on speculation that students will be denied services as a result of the strike.”
As soon as the strike became a possibility, Jones said, DPS officials began recruiting substitutes with special-education expertise and developed plans to work with those students.
“We are committed to keeping our students safe and supported,” he said. “We will continue to monitor our allocation of staff supports in an effort to meet the unique needs of all students for the duration of the strike.”
The lawsuit alleges that “the strike will cause severe emotional and psychological trauma for special education students, especially the large number of DPS students who suffer from autism. Students with autism typically do not handle changes in routine.”
Many of the students with severe intellectual disabilities require specialized assistance for their health and safety, the lawsuit says. They need help from special education teachers, counselors, social workers, school psychologists and therapists.
DPS likely will replace essential employees with substitute teachers with inadequate training, the lawsuit says. Substitute teachers will not be capable of addressing the federally required needs of special education students based on Individualized Education Plans, the lawsuit states.