Olivia R., et al. v. State of California, et al.

Lawsuit Filed Against State of California for Failure to Provide Special Education Services in Del Norte Unified School District

The State has failed to provide equal educational opportunities to disabled students in the Del Norte County Unified School District as required by the Constitution of the state of California.

Del Norte County is located in the far northwest corner of California. Its school district is comprised of 11 schools—eight elementary schools, one middle school, and two high schools. The district serves a higher proportion of special education, Native American, and low-income students compared to other California districts. Specifically, 15.4% of students have IEPs, exceeding the 13% state average. Native American students, representing tribes like Tolowa Dee-ni’ Nation and Yurok Tribe, make up 15.2% of students with IEPs, far surpassing the state average of 0.7%. Moreover, over 65% of district students qualify for reduced-price meals, exceeding the state average of 60%.

Among the failures highlighted in the complaint are shortages of behavioral aides, a scarcity of board-certified behavior analysts, and an insufficient number of special education teachers. These critical shortages make it virtually impossible for the school district to fulfill its legal obligation to provide quality education and support to students with disabilities.

The plaintiffs are represented by the Disability Rights Education and Defense Fund,  the Civil Rights Education and Enforcement Center (CREEC), and the law firm King & Spalding LLP as pro bono counsel.