Cases

STUDENT A, by and through PARENT A, her guardian, et al. v. Berkeley Unified School District, et al.

May 2, 2017
This class action is suing Berkeley Unified School District (BUSD) for failing to educate students with reading disorder. Despite the availability of effective teaching methods, BUSD refused to alter its policies and practices, leaving students of all ages who have reading disorders without the basic tool of literacy The complaint is filed against Berkeley Unified School District (BUSD), the BUSD Superintendent, the BUSD Board of Education, and the Directors of the BUSD Board of Education, BUSD is being sued for failure to comply with federal and state laws that ensure all students receive a free appropriate public education.

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Johnny T. and Lihn N. v. Vy Chi Nguyen, MD, et al.

December 21, 2016
Despite advances in education, awareness, and legal protections, people living with HIV continue to face stigma and discrimination in critical areas such as health care. The Americans with Disabilities Act (ADA) prohibits medical providers from discriminating against potential or actual patients based on their disabilities.

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East County NAACP Sues Antioch Unified School District

July 7, 2016
The East County NAACP filed suit against the Antioch Unified School District (AUSD) for violating an agreement intended to address civil rights violations against African American students. That agreement, and the lawsuit, seek to end AUSD’s disproportionate suspensions and expulsions of African American students, particularly those with disabilities. The NAACP East County is represented in this lawsuit by Disability Rights Education & Defense Fund (DREDF), Morrison & Foerster, the National Center for Youth Law (NCYL), and the Equal Justice Society (EJS).

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Juan Figueroa, Derek Manners, Martti Mallinan, and The National Federation of the Blind v. US Department of Health and Human Services

February 10, 2016
The lawsuit filed today by the National Federation of the Blind (NFB) and individual plaintiffs charges the US Department of Health and Human Services (HHS) through its sub-agency, the Centers for Medicare and Medicaid Services (CMS), and its CMS sub-contractors, with systemically violating the civil rights of blind Medicare recipients. The complaint details how, 40 years after the federal Rehabilitation Act and a the growth of a new world of technology, blind people are still forced to -- among other long-outmoded practices -- rely on others to read inaccessible materials, and to disclose private personal and financial information to sighted third parties.

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Good news on NAD vs MIT! Our communication access case involving massive open online courses (MOOCs) will move forward

February 9, 2016
The Massachusetts District Court rejected MIT's motions for a stay and to dismiss NAD's lawsuit. The ruling also ensured plaintiffs will not have to wait the Department of Justice to issue regulations regarding website accessibility. The court recognized that MIT's and, implicitly, other universities' online education courses, are subject to broad Section 504 of the Rehabilitation Act and the Americans with Disabilities Act protections, and can be required to provide equal access to people with disabilities.

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DREDF Demands Action After State Fails To Protect Children From Abuse In Special Education

January 15, 2016
DREDF, the ACLU, and Disability Rights California delivered a demand letter to officials at the California Department of Education that calls for an independent monitor to investigate abusive practices at segregated special education sites all across the state. The demand came days after the release of a disturbing video showing a 9-year-old student with disabilities being restrained and hit by staffers at Tobinworld, a publicly-funded special education school in Antioch, California.

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Antioch School Officials Agree to Groundbreaking Collaboration

March 26, 2015
Officials of the Antioch Unified School District have announced a groundbreaking effort to identify the causes of disparities in school discipline by examining the subtle, complex, and often unintentional ways in which race, disability and discipline intersect.

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National Association of the Deaf, et. Al. v. Massachusetts Institute of Technology

February 12, 2015
DREDF and co-counsel filed a complaint against Massachusetts Institute of Technology (MIT), on behalf of the National Association of the Deaf and four individuals to gain equal access for deaf and hard of hearing individuals to the videos that the university makes available on the Internet — including courses offered through MIT OpenCourseWare (OCW), videos on the MIT Video website, much of which lacks proper captioning.

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American Nurses Association v. Torlakson (update 7/12/13)

August 12, 2013
"Today's decision is a critical victory for the estimated 14,000 California schoolchildren with diabetes and their right to diabetes health related services in school and during school–sponsored activities," said Larisa Cummings, DREDF Staff Attorney. "We're equally excited to see the practical realities of living with a disability and/or chronic illness safeguarded by established law."

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