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FEDERAL JUDGE APPROVES RECORD $6.7 MILLION SETTLEMENT IN SPECIAL EDUCATION CASE

August 19, 2005



Dr. Rudy Crew, Superintendent of Schools
The School Board of Miami-Dade County
1450 N.E. 2nd Avenue
Miami, Florida 33132

And

Ms. Bambi Lockman
Bureau Chief
Bureau of Exceptional Education and Student Services
325 West Gaines Street, Suite 614
Tallahassee, Florida 32399-0400

Dear Dr. Crew and Ms. Lockman:

I have just received the attached press release (click here) announcing an
unprecedented over $6.7 million special education settlement approved by
a Federal Judge "for failing to appropriately educate the student for
longer than five years." As the attached press release explains, this
lawsuit could have been avoided if the school district and the
California Department of Education would have "simply complied with
clearly established statutes and regulations." Judge Fees found both
the school district and the California Department of Education "equally
culpable."

It is common knowledge that ignoring the rights of students with
disabilities is "pattern and practice" for Miami-Dade County Public
Schools. It is also common knowledge that, just as the California
Department of Education ignored its duties and responsibilities by
failing to "exercise appropriate oversight over the district," the
Florida Department of Education also fails to "exercise appropriate
oversight" over school districts in Florida. There exists more than
sufficient evidence, but most compelling is the fact that the Florida
Department of Education has been placed, for the second consecutive
year, on "Special Conditions" for its failure to comply with all the
provisions of the Individuals with Disabilities Education Act (IDEA),
"failing to appropriately educate students" with disabilities.

As stated on the attached press release, the Porter case ". should send
a clear message to school districts that they cannot ignore the legal
rights of special needs students with impunity. Sooner or later, the
law will hold them accountable." I have attached a copy of the July 1,
2005 "Special Conditions" letter. Enclosure D of the attached letter
outlines the reasons why "Special Conditions" have been imposed to the
Florida Department of Education. There is a mention of a 2001
complaint filed with the U.S. Department of Education Office for Civil
Rights. I am the complainant in that complaint, which was filed by the
Center for Education Advocacy on behalf of all children with
disabilities in Florida over 4 years ago and continues pending final
disposition from the Office for Civil Rights. However, regardless of
how long complaints may take to resolve, we have no doubt that, sooner
or later, the law does prevail.

I am certain that if this school district continues its "pattern and
practice" of ignoring the rights of students with disabilities, "sooner
or later," the law will hold this school district accountable. This
settlement represents much more than the victory of a family who fought
for years to obtain what their child was entitled to receive in the
first place. This settlement brings hope to those who continue to be
deprived of an appropriate education, to those who continue to be
segregated, to those who are unable to speak for themselves, to those
who continue to be discriminated against, to those who think that no one
is listening. Somewhere someone is listening and it is my hope and the
hope of many others that Miami-Dade and Florida are listening too. The
message is loud and clear.


Lilly Rangel-Diaz
CENTER FOR EDUCATION ADVOCACY, INC.
www.centerforeducationadvocacy.com
5973 S.W. 42nd Terrace
Miami, Florida 33155
786-253-3858
Fax: 305-666-4969
E-mail: lillyrdiaz@bellsouth.net
"Overcome evil with good." Pope John Paul II

Documents for download:
- DOE - Florida Special Conditions Funding
- Porter - $6.7 million Special Education Settlement

August 19, 2005 12:00 PM

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