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Court rules that Federal Disability Rights Class Action Against Charleston, West Virginia Can Proceed

The week of July 13, a federal judge denied Kanawha County Schools’(KCS) motion to dismiss a civil rights class action lawsuit filed by The Arc of West Virginia on behalf of children with disabilities in the county. The lawsuit alleges that the school district, which educates children in the Charleston, West Virginia area, fails to provide effective behavioral supports to students with disabilities and sends them home instead of educating them in violation of federal law. Plaintiffs The Arc of West Virginia and parents of two students with disabilities are represented by the Bazelon Center for Mental Health Law, Disability Rights of West Virginia, Mountain State Justice, The Arc of the United States, and the global law firm Latham & Watkins LLP. Read the press release here. Read more about the case here.