Disability Rights updates
News Announcement: Pursuant to a TRO, Educationally-related mental health services to continue, despite Governor's veto and suspension of mandate
November 3, 2010 update - A class action lawsuit was filed last week by the collaborative forces of various public interest law organizations in Los Angeles in response to the Governor's line item veto of funding for mental health services and suspension of the AB 3632 mandate. Go to www.publiccounsel.org or www.disabilityrightsca.org/news for more information about the lawsuit itself.
As part of the class action litigation, Plaintiffs sought a Temporary Restraining Order (TRO) against various defendants. The Plaintiffs sought an order to require the state department of education (CDE) to take certain actions to monitor and track changes in local policies and practices related to mental health services, exercise its authority under the law to compel local education agencies (i.e. school districts) to ensure that students receive mental health services without delay or interruption, and disburse federal IDEA funds including those specifically delineated for mental health services on the same basis as they were disbursed prior to the Governor's actions on October 8th. Additionally, as to the "local" defendants, including the LA County Department of Mental Health, Plaintiffs sought a TRO requiring the continued provision of mental health services, including assessments, attendance at IEP meetings, and providing services and funding residential placements, at the same level as was previously provided in accordance with the procedures existing prior to the Governor's veto.
On November 2, 2010, the federal judge in the U.S. District Court for the Central District of California signed a stipulated Temporary Restraining Order in this matter. Because of the assurances of disbursement of reserved funding by the Jack O’Connell at CDE (see our previous news announcement regarding the CDE’s disbursement of funds), funding would be available to Los Angeles County Department of Mental Health (LACDMH) to provide services in accordance with the practices and procedures for distribution of funds existing before October 8, 2010. Thus, the stipulated TRO provided that LACDMH would "resume and continue to provide and monitor educationally-related mental health services... attend IEP meetings and authorize services, and complete assessments..." either until the "reserved" funding runs out or until January 14, 2011, whichever occurs first. Such resumption of services is contingent on the funds from CDE actually being disbursed to the counties, which should happen within the next week.
The long term issues regarding funding for these critical services are in no way completely resolved by CDE’s assurances of disbursement of funding or by the stipulation for local agencies to resume provision of mental health services. However, both actions are a step in the right direction towards restoring some stability for districts, counties, parents, and most of all students in the coming weeks.
You can read the Press Release here: PRESSRELEASE_TRO.doc
For more information, and to keep up to date on this topic, please go to our blog atwww.a2zeducationaladvocates.blogspot.com
Additionally, please check out the following links:
Order on Stipulated TRO (as related to local defendants): http://www.publiccounsel.org/tools/assets/files/District-Court-Order-Re-Stipulated-TRO-with-Local-Defendants.pdf
Stipulation and Notice of Withdrawal (as related to agreement with state defendants): http://www.publiccounsel.org/tools/assets/files/Stipulation-re-TRO-with-CDE.pdf
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US ANSWER YOUR QUESTIONS. Call 888 IDEA-ADA (888-4332-232),
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