Wake schools accused of violating rights of students with mental health disabilities

The Wake County school system “still routinely violates the rights of its students who have mental health disabilities,” according to a new complaint filed with state education officials.

Advocates For Children’s Services, a project of Legal Aid of North Carolina, says Wake schools are failing to provide an adequate education for hundreds of students who have mental health disabilities. In the complaint filed Tuesday, the group wants the state Department of Public Instruction to order Wake to change the way it provides services for these vulnerable students.

“There are lots of kids with mental health disabilities who are falling through the cracks,” said Cari Carson, an attorney with Advocates For Children’s Services, which assists students facing disciplinary action from school systems. “We’d say WCPSS can do all of the things we asked for in the complaint. Not only can they do it, but they are required to do it.”

This is the fourth complaint that Advocates For Children’s Services has filed against Wake since 2009 over how the district educates students with mental health issues. The prior complaints have resulted in either DPI ordering Wake to make changes or the district reaching a settlement agreement with the group.

In a statement Thursday, the Wake County school system said it had received the complaint on Wednesday and is currently reviewing the document.

“Student privacy laws prevent us from commenting on specific cases,” Wake’s statement added. “That said, we are committed to providing all students with the best services possible and constantly strive to improve our practices.”

The complaint cites the cases of seven unnamed students, but the group says their situations represent hundreds of similar cases in North Carolina’s largest school district.

Wake is accused of violating the federal Individuals with Disabilities Education Act (IDEA), which requires the school system to educate all students with disabilities in an appropriate manner and in the least restrictive environment. Examples of alleged violations include:

▪ Suspending students without holding required reviews to determine if the student’s behavior is related to a disability. If the behavior is determined to be related to the disability then the student can’t be suspended.

▪ Failing to provide educational services to suspended students with disabilities beginning on the 11th cumulative day of suspension.

▪ Failing to provide transportation to students who’ve been removed from their regular school and assigned to an alternative school program.

The group says students experience academic failure as a consequence of these and other violations. The group cites the case of one family who says their son dropped out of school because he fell behind when Wake didn’t provide transportation to an alternative program.

A long list of remedies is proposed in the complaint, including asking DPI to conduct a comprehensive audit of Wake’s Special Education Services, require changes in district policy and monitor the district for two years. The group also wants DPI to require Wake to provide free, compensatory education services to students whose rights were violated.

” I firmly believe that students with mental health disabilities can learn and be productive members of school communities if they get proper supports,” Carson said. “What we are lobbying for is these proper supports.”

After the last complaint was filed in 2012, Wake agreed to offer a free, six-week, 60-hour program to all students with disabilities who received lengthy suspensions during the 2011-12 school year. Wake also guaranteed it would provide alternative educational programs for students with disabilities who are suspended for more than 10 days.

In the last few years, Wake has expanded the number of alternative school seats for students who’ve been suspended from school.

“There have been improvements since the last complaint,” Carson said. “But there is still a long way to go. There have been new programs put in place but we see far too many students with disabilities being sent to alternative programs.”

This story was originally published July 26, 2018 at 2:18 PM.