Short School Days Impact Oregon Kids with Disabilities, Class Action Says

The Oregon Department of Education has been unlawfully shortening school days for students who act out in the classroom with behaviors that are tied to an underlying disability, according to a class action lawsuit.

The class action lawsuit alleges that the practice of denying these students the chance to experience a full day of learning in school violates their rights and has been in place for years.

The students with disabilities class action argues that instead of identifying proper support that would help the students adjust to their environment and participate in an entire day of school, that the school just shortens the school day and sends the students home.

As pointed out in the students with disabilities class action lawsuit, this case does not refer to the small subsection of disabled students who would benefit from a shorter school day.

Instead, the class action lawsuit explains that a much broader group of students who have behavioral issues tied to their disabilities only get a few hours of instruction per day.

The students with disabilities class action lawsuit also states that many schools are using shortened school days as a permanent solution or one that lasts for years when it was only intended to be a temporary one for managing student behaviors.

The Oregon Department of Education class action lawsuit says that while most children in Oregon public schools are in the school building for six hours per day, students with disabilities on a shortened school day might only have one or two hours of actual instructional time in their schedule.

In addition to limited instructional time due to the time constraints of a shortened school day, the students with disabilities lawsuit states that whatever education time the students do receive is in a private classroom away from the general student population.

According to the Oregon education class action lawsuit, this furthers the stigma and fear associated with managing students with disabilities and their behaviors.

The class action lawsuit argues that because of this disconnected approach to education for students who have disabilities and require additional support, students are not given the opportunity to thrive and are the victims of active discrimination.

Rather than addressing the underlying behaviors with proper support, students have no opportunities to correct them in limited daily instruction.

One of the students referenced in the class action lawsuit allegedly received just 30 minutes of instruction a day in the 2015-2016 school year.

The students with disabilities lawsuit requests Class certification in addition to an injunction, an order requiring the schools to develop support services, and other relief the court deems necessary.

The proposed Class is represented by Thomas Stenson and Joel Greenberg of Disability Rights Oregon, Seth M. Galanter and Alice Y. Abrokwa of the National Center for Youth Law, Selene Almazan-Altobelli of the Council of Parent Attorneys and Advocates Inc., Ira A. Burnim and Lewis Bossing of the Judge David L. Bazelon Center for Mental Health Law, as well as Peter Simshauser, Stacy Horth-Neubert, and Michael Folger.

The Oregon Students With Disabilities Class Action Lawsuit is J.N., et al. v. Oregon Department of Education, et al., Case No. 6:19-cv-00096-AA, in the U.S. District Court for the District of Oregon, Eugene Division.