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June 17, 2013 / Amanda Greenburg

ACLU Sues State Over English Instruction In Schools

The ACLU of California filed a lawsuit against the state Department of Education claiming more than 20,000 students are not getting the English language instruction they need.   The lawsuit chronicles the classroom struggles of several children, including an 18-year-old senior who has not received any English language instruction since the second quarter of 11th grade.  Failure to provide these services would be particularly offensive because these school districts are receiving state and federal funding for these services.

The Grossmont Union High School District, located in eastern San Diego County, has been identified as one of the most egregious offenders.   According to than 50 students did not receive services in that particular school year.   Theresa Kemper, assistant superintendent for the educational the lawsuit, Grossmont reported to the state Department of Education that 1,389 of its 3,368 English learner students did not receive English instructional services in the 2010 – 2011 school year.  However, Grossmont did receive funding for these services.

Grossmont disputes the statistics claiming there was a “data reporting problem” which incorrectly identified the students.  Grossmont contends that fewer services, claims  “It is a data problem for us.  It is not a lack of services problem.”

The ACLU alerted the state about this problem in January of this year.  David Loy, legal director of the ACLU in San Diego and Imperial counties, said discussion between the organization and the state did not yield any concrete changes.   Accordingly, they took legal action.

If you or someone you love has not received failed to receive services owed to them, please contact Khorrami Boucher Sumner Sanguinetti, LLP for a private consultation.


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