Tuesday, August 25, 2015
Are Traumatized Students §504 Eligible?
Kids who grow up in a ghetto are the subject of numerous traumas. They experience more than their share of extreme stresses such as: street crime, domestic violence, race discrimination, routine violence, death and disruption. Are they, therefore, students with disabilities?
A recent lawsuit asserts that ghetto students are entitled to additional services under §504. The lawsuit involves students growing up in Compton, California. The Compton Unified School District is the primary defendant. Plaintiffs are asking for a class action to be certified. The complaint includes a lot of social science research. It is also the first complaint that I have ever seen with a diagram of the human brain right there in the pleadings. You can read the complaint here. A news article in Find Law is available here.
We should watch this case closely. If these plaintiffs get any traction, I predict that you will see similar lawsuits around the country. This may be a blossoming hot button issue.
So what do you think about this? Should all kids in extreme poverty be evaluated for a disability? How about those who show signs of anti-social behavior? Interesting, no?