The School Department “has subjected more than 200 preschoolers - some of its most vulnerable youth - to illegal wait-listing,’’ the suit states.
The lawsuit, which was recently transferred from state to federal court, cites a memo written in May by the Boston schools’ Office of Special Education and Student Services that acknowledged a backlog of some 65 students on waiting lists at the time.
“This backlog resulted from a shortage of seats in [Boston public schools] early childhood special education settings,’’ the memo said. It also said that department administrators called a meeting to brainstorm about immediate actions, including better coordination between its special education office and its enrollment office to identify available seats.
The lawsuit calls on the school system to develop policies to evaluate and place students on a timely basis. It also seeks reimbursement for what parents have spent on children’s evaluation.
Superintendent Carol R. Johnson said that the lawsuit is unnecessary and that the district has been working to address the type of complaints it raises. Five special-education classrooms are being opened when classes resume this week, and others opened in the fall.
“Last spring, I think all of us were concerned about the number of students who had not been placed as rapidly as they needed to be,’’ she said. “We tried to pull together and plan for that so that their needs were met. I think we’ve been very intentional this fall and in January of moving forward.’’
But those pressing the suit said they have grown impatient.
“We believed that taking this issue to court was the best way to advocate for and represent these very vulnerable children with significant disabilities and their families,’’ said Jerry Mogul, executive director of Massachusetts Advocates, who said that solving the persistent problem will require better coordination between multiple school departments.
“We didn’t doubt the superintendent’s intention to fix the problem, but we did not want this issue to get lost amidst all the demands placed upon her office and on the system as a whole,’’ Mogul added.
