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Class Action Civil Rights Complaint Filed to Expand Eligibility for Special Education Services

CLASS ACTION CIVIL RIGHTS COMPLAINT FILED AGAINST OSPI AND

SUPERINTENDENT CHRIS REYKDAL IN ORDER TO EXPAND ELIGIBILITY FOR

SPECIAL EDUCATION SERVICES

(Seattle, WA) – The law offices of Susman Godfrey L.L.P. and Cedar Law PLLC have filed a civil rights class action lawsuit in the United States District Court for the Western District of

Washington on behalf of all Washington students eligible for special education services who “aged out” of special education under Washington law.

The lawsuit seeks a determination that a Washington statute and regulation providing that special education services to students are terminated at the end of the school year after they turn 21, are invalid under federal law. Under federal law, a state must provide special education services until the 22nd birthday when it provides “public education” to adults of the same age.

Over the past decade, multiple federal courts of appeal – including our own Ninth Circuit - have upheld this principle.

Washington provides adult basic education and high school completion programs to adults of all ages, triggering its duty under federal law to deliver special education to students until they turn 22.

The plaintiffs impacted by Washington’s faulty policy include our most vulnerable students who are not on a traditional diploma track and who will benefit from longer transition services focusing on their successful movement from school to independent living.

Inquiries regarding these claims can be directed to the Plaintiff’s counsel: Lara Hruska and AlexHagel at Cedar Law PLLC: (206) 607-8277 or lara@cedarlawpllc.com and Ian Crosby at Susman Godfrey L.L.P.: (206) 516-3880 or icrosby@susmangodfrey.com.

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