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Spring semester 2004 was an exceptionally
productive semester for
clients represented by students in the
Juvenile and Special Education Law
Clinic. Every student supervised by
Professor Suji Sutler represented at
least one client at a due process hearing.
In addition to obligations pertaining
to education owed our clients
by D.C. Public Schools under the Individuals
with Disabilities Education
Act (IDEA), there are a number of
other D.C. government agencies obligated
to provide a host of higher educational,
vocational, job training and
placement, assistive technological,
medical, and independent living services
to persons with disabilities. Two
agencies in particular that have consistently
failed to identify persons in need
and to provide such services are D.C.'s Rehabilitation Services Administration
(RSA) and the Mental Retardation and
Developmental Disabilities Administration
(MRDDA). For the first time
in the Clinic, Allen Mohaber, ‘05,
successfully filed a complaint with the
D.C. Office of Administrative Hearings
against RSA on behalf of a client
with a disability who had received a
"Certificate of Attainment" from a local
D.C. high school,  but is still reading, writing and performing
math below age and grade levels. As a result of persistent and vigorous
advocacy, prior to the hearing
Allen negotiated and secured placement
and funding for his client at the
Lab Night School of Washington, directed
by Ms. Peg O’Donnell. On
the day of the hearing, the Assistant
Corporation Counsel, on behalf of
RSA, agreed to settle and provide the
relief requested in the client’s complaint,
including: (1) a home computer
with software and hardware affiliated
with the Kurzweil 3000 system;
(2) training sessions on use of
the Kurzweil by Envision Technology;
(3) on-going job training referrals
and job placement assistance in
the area of child care; (4) purchase of
a calculator; and (5) increased
"maintenance" funds for transportation
for school and work-related activities.
Allen is now our resident expert
for students intending to file
complaints against RSA during the
fall ‘04 semester!
Cherita Gonzales, ‘05, and
Michele Harewood, ‘05, represented
clients during both special education
and disciplinary due process hearings.
During one hearing, Cherita persuaded
the school system to reduce its
recommendation for a possession of a
knife offense from expulsion to a suspension. The client attended an alternative school, but was able to return to
his neighborhood school during the
spring semester in order to graduate.
During a time of increased student-on-student violence in this city,
early conflict resolution is vitally important.
On behalf of another client,
Cherita documented the failure of a private
school and DCPS to address a
conflict between students and their
families. The dispute arose from an
assault upon her client by classmates
on a D.C. Metro train while traveling
home from school. Prior to the
Clinic’s involvement, the private school took the position that it had no
obligation to address the assault since it
occurred off school premises.
Based on testimony and documentary
evidence presented at another disciplinary
hearing, Michele Harewood
firmly established that a school her client
was attending was inappropriate.
Instead of being suspended for an
alleged assault on a teacher’s aide, the
client was transferred to another school
and there was no actual finding by the
hearing officer that the client had engaged
in an "assault" on the aide. On
behalf of the same client, Michele filed
complaint and proceeded to a special
education due process hearing to address
DCPS’ failure to administer legally
sufficient evaluations and to secure
appropriate placement. During
the hearing, DCPS agreed to fund independent
clinical psychological and neurological
evaluations, both of which,
DCPS had refused to conduct or fund on its own. Subsequently, Michele
helped identify and facilitate the client’s
acceptance by a private school.
The student advocate assigned to the
case during fall ‘04 will be responsible
for getting DCPS to place and fund the
client at this private school for the
2004-2005 school year.
More Juvenile & Special Education Law Clinic News on the next page...
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