Federal lawsuits allege 'systemic discrimination' of disabled kids in Alabama facilities
Six federal lawsuits were filed Wednesday against Alabama Department of Human Resources Commissioner Nancy Buckner and State Superintendent Eric Mackey for their agencies’ roles in committing alleged “flagrant violations of the Americans with Disabilities Act.”
Each lawsuit was filed on behalf of a former resident of a state-contracted, residential youth facility in Alabama either by a guardian or, in one case, the former resident himself.
They all allege similar situations where a child with a disability was segregated from nondisabled children and not provided an equal quality of education.
"We have filed these lawsuits not only for our clients but for every child in the state who has been robbed of the education they deserve,” Florida attorney Caleb Cunningham said. “Our goal is to shine a spotlight on this blatant discrimination and to ensure it does not continue. We are committed to fighting for the rights of children with disabilities and ensuring they have the same opportunities as their non-disabled peers."
Cunningham is working with Birmingham attorneys Tommy James and Jeremy Knowles on all six lawsuits. The team has also represented numerous other families and individuals in cases alleging abuse in these kinds of youth facilities.
"These cases are about the fundamental rights of children with disabilities in our state,” Knowles said.
The plaintiff in one lawsuit filed Wednesday, Kyle Cavanaugh, spent four years of his life inside of various youth mental health facilities in Alabama, starting at age eight.
He was in the custody of the Alabama Department of Human Resources at the time, and because of his disability, he says he was separated from other kids and received a “substantially inferior” education.
Now, years later, Cavanaugh only has an eighth grade education, and he has not been able to successfully obtain a high school diploma or GED.
According to a 2022 report from the U.S. Department of Justice, this is not an experience unique to Cavanaugh. After years of abuse allegations coming out against state-contracted mental health facilities in Alabama, the DOJ definitively found that Alabama discriminates against foster care children who have emotional and behavioral disabilities by denying them equal opportunity to basic education.
Cavanaugh’s lawsuit and the others filed on behalf of minors utilize the DOJ report as support for their claims.
"The Department of Justice's findings are deeply troubling and underscore the need for immediate action to ensure our most vulnerable have equal access to education," said James, one of the attorneys. "It is inexcusable state officials have ignored and been complicit in such systemic segregation and discrimination. The DOJ's revelations are not only concerning — they are damning. Every child, irrespective of disability, is entitled to equal educational opportunities."
All six lawsuits are requesting that a judge finds that the defendants violated federal law and award compensatory damages, statutory damages, attorneys’ fees and costs.
In response to the Advertiser’s request for comment, a DHR spokesperson said the agency cannot comment on pending litigation. The Alabama State Department of Education did not respond prior to publication.
The last time either agency publicly addressed the education situation for disabled children in state-contracted facilities was in the days following the DOJ report last fall. At the time, both said they were working together to find solutions.
Hadley Hitson covers children's health, education and welfare for the Montgomery Advertiser. She can be reached at hhitson@gannett.com. To support her work, subscribe to the Advertiser.
This article originally appeared on Montgomery Advertiser: Alabama officials sued over education provided to disabled kids
