Appeal argues DCFS accountable for special education failures

 In Civil Rights

With co-counsel Gibson Dunn, DRLC’s litigation team filed an opening brief in the California Court of Appeal in an ongoing case on behalf of student K.M., who spent most of her life in foster care and did not receive any meaningful education. The appeal argues that the L.A. County Department of Children and Family Services (DCFS) should be subject to special education due process when they contribute directly to a student’s loss of Free Appropriate Public Education (FAPE).

Previously, co-counsel Hirji & Chau led the team’s effort to secure substantial support, a comprehensive assessment, and a supportive group home placement for K.M. In the appeal, DRLC maintains that the statutory scheme for special education includes public agencies like DCFS when they perform functions essential to students’ special education. This novel argument has the potential to hold DCFS offices accountable for special education failures throughout California.

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