SELPA Update

English

CDE requires you to post this notice on your website.

A recent lawsuit against the California Department of Education (CDE) is impacting all school districts across the state, including the El Dorado County SELPA.  

In April 2012, two organizations, the Morgan Hill Concerned Parents Association and the Concerned Parent Association, filed a lawsuit against the CDE alleging widespread, systemic non-compliance by local education agencies with special education laws. The suit also alleges the CDE fails to monitor, investigate and correct such non-compliance in accordance with the law. The CDE denies these allegations and is actively defending the litigation.

The SELPA nor any of our members were involved in the lawsuit and are not the subject of any of the suit's allegations.

Nonetheless, as a part of this lawsuit, CDE has been ordered by the court to release all data it has collected on general and special education students since

Jan. 1, 2008.

For more information regarding the release of this data and how you can file an objection with the court to consider not releasing your data, visit: www.cde.ca.gov/morganhillcase. You may also contact the California Department of Education at 916-319-0800.

Additionally, we have provided sample text for you to use or reference when posting this message on your website. Note: the entire message does not need to be posted on your homepage. You may post a link to the message on your website as a resource to your parents. 

SAMPLE TEXT:

Important information regarding confidential student data

There is ongoing litigation between the California Department of Education and the Concerned Parent Association. A notice issued by State Superintendent of Public Instruction Tom Torlakson states, “The lawsuit accuses CDE of widespread, systemic non-compliance by local educational agencies with the Individuals with Disabilities Education Act (IDEA) and Section 504. The CDE denies these allegations and is actively defending the litigation.”

The court has ordered CDE to release student and parent information to provide personally identifiable information (PII) – an act that can only be taken as an exception to the Family Educational Rights and Privacy Act (FERPA). As a result, we are providing notice of the court order and directions to anyone wishing to object.

Please be advised that CDE will notify parents or students of whom are required to disclose information and those individuals may object directly to the court regarding this disclosure using the PDF link below:

http://www.cde.ca.gov/re/di/ws/documents/form2016jan26.pdf