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KBLegal Secures Dismissal of CTA Lawsuit Challenging District RTI Instructional Model

Background

The California Teachers Association and a group of special education teachers brought a Petition for Writ of Mandate alleging that employer school district violated Education Code sections 56362 and 56362.1 by (1) assigning “resource specialists” “caseloads” of more than 28 students; (2) failing to include on each “resource specialist” caseload all of the students to whom the teacher provided any resource services; and (3) assigning “resource specialists” to provide specialized academic instruction to identified students during the same class period that the special education teacher was simultaneously providing instruction to general education students.

Litigation

The Superior Court sustained KBLegal’s request to summarily dismiss the case on the ground that such challenges must be submitted by way of a compliance complaint to the California Department of Education (CDE) prior to seeking relief from a court of law.

Future Developments

CTA has filed a complaint with the CDE, the outcome of which could have significant impact on how California school districts implement RTI.

Please contact Paul R. Gant at KBLegal for more information regarding this matter, or for assistance with Special Education issues.

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