The students had trouble receiving schooling and other needed services if they chose not to return to in-person classes.
State officials must act immediately to provide distance learning that is comparable to last year for students with disabilities and also adequate to their overall needs, a judge has ordered.
“The Court finds that plaintiffs have demonstrated irreparable harm,” wrote federal Judge Susan Illston, of the Northern District of California. “The declarations submitted by plaintiffs show that AB130 has forced parents to choose between the harm of their children losing educational opportunity or risking their health and safety.
“M.G. has been at home without any access to academic instruction for approximately one month,” his mother said in a declaration from mid-September. “On Sept. 15, 2021, I began paying for a private tutor. I believe that I am being forced to choose between keeping my child safe and allowing him to receive an education.
Other school districts have had similar problems. And other districts with students involved in the litigation include Capistrano Unified, Long Beach Unified, San Diego Unified, San Francisco Unified and Anaheim Unified. In a statement, the state education department said that it was “disappointed” by the ruling and that it has worked to make sure the rights of these students were protected. These efforts have included notifying school systems about their “legal obligations to serve students with disabilities.”
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