SAN DIEGO, Jan. 5, 2022 /PRNewswire/ — In a victory for special education students, RMO LLP announced today that attorney David Greco has prevailed in a Ninth Circuit case.
Greco, alongside his co-counsel Punam Grewal and Michelle Powers, represented a special education student in her dispute with a charter school that was providing her services. The student, a teenaged female, suffers from various disabilities requiring her to receive specific supplements to her learning and development.
“We are so thankful for the hard work David and his legal team demonstrated on behalf of our daughter,” said the student’s mother. “Throughout this appeal, David was not only knowledgeable and effective, but it was also clear that he cared for my daughter and her education.”
The charter school disputed the need to provide the services. To make matters worse, school administrators removed the student from the classroom during the dispute.
An administrative law judge upheld the charter school’s decision to withhold services. Powers and Grewal prevailed in their filing in district court to reverse the administrative law judge’s order, obtaining an order for the student to return to school.
Intent on keeping the student out of school, the charter school appealed to the Ninth Circuit.
Powers and Grewal enlisted Greco to handle the appeal. He argued before the Ninth Circuit in December 2018. The appellate panel issued the decision on June 12, 2019, determining that the charter school should not have attempted to remove the student from school while her lawsuit was pending.
“The Ninth Circuit’s decision is a clear application of the law that is designed to protect students,” Greco explained. “These kids have a right to ask for certain services, and the law prevents schools from punishing them for doing so. I’m overjoyed that the Ninth Circuit agreed; this is a formidable win for special education students.”
The court case is C.Q. v. River Springs Charter School, Ninth Circuit Case No. 18-55779.
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SOURCE RMO LLP