Fighting for Education Rights

Under the federal Individual with Disabilities Education Act, every child has a right to a Free and Appropriate Public Education, but sometimes it takes the support of a lawyer to make sure that happens. That was the case with Justin*, a seventeen-year-old foster youth who could not read or write and Clara*, a thirteen-year-old girl who was prematurely expelled from her therapeutic special day program. With help and expertise from our education rights attorneys, both students now have access to adequate and supportive educational environments and the opportunity to learn, grow, and reach their fullest potential.

At the age of seventeen and in foster care, Justin, was not able to read or write. His foster parents reached out to the Law Foundation for help. Despite qualifying for and receiving special education services since the age of eleven, he was never given the structured literacy program that is required to address his dyslexia. As a result, Justin failed classes, was behind on school credits, and struggled with school attendance and work completion. His foster parents contacted the Law Foundation and our attorney, April, filed a complaint against his home district in October of 2023, requesting compensatory education to make up for his learning losses. In December of 2023, she and co-counsel attended a mediation with the district and reached a life-changing settlement for Justin and his family. The district agreed to fund $45,000 in academic tutoring, specifically designed to address dyslexia. They also agreed to independent educational evaluations for psychoeducation, occupational therapy, transition, functional behavior, assistive technology, and additional assistance with his transition from high school. We are thrilled that this student is being given the full opportunity to access his education and set himself up for the future. 

 Clara’s grandmother began working with us after the thirteen year-old was expelled from her therapeutic special day program for bringing a knife to school. Rather than providing support to Clara, who had survived years of trauma, depression, and anxiety, the school district pushed her out and left her at home for months without any services. In mediation with the district, our attorney Enne Mae and co-counsel got a settlement for $18,300 in compensatory education services including counseling, tutoring, reading programs, placement in a therapeutic non-public school, an independent psycho-educational evaluation, an assistive technology assessment, transportation to school, and the clearing of the expulsion from her record. Clara now has access to the tools she needs to succeed in school and build a bright future for herself.

A New Chapter for Our Children & Youth Team

In January, Alexis Moody was named Directing Attorney for the Law Foundation’s Children & Youth program. Alexis brings more than 10 years of experience to the role, having dedicated her career to advocating for children and young people. She joined the Law Foundation in 2016 and most recently served as Supervising Attorney for the program. We spoke to Alexis about her vision for the team: 

“I am honored and excited to serve as the Directing Attorney for the Children & Youth program. Having committed my career to representing kids and young adults, I am so grateful to have the opportunity to lead this program with a focus on creating the most impact possible for the kids in our community.

My vision for the Children & Youth Program is to ensure that we are meeting the legal needs of every child in Santa Clara County through the many ways that we are able to serve clients. I want to do this while centering client voices, client experiences and client goals, empowering youth to engage in the legal decisions that shape their futures.”

Our Children & Youth program (also known as Legal Advocates for Children & Youth or LACY) advances the legal rights of young people, empowering them to lead healthy and productive lives. We listen to, advise, and advocate for our clients to ensure their voices are heard and their rights are protected.

We provide free and confidential legal assistance to children and youth in juvenile dependency, family law, probate guardianship, immigration, education matters, and numerous other practice areas; advocacy to improve court and community systems designed to protect and promote child welfare; and workshops to educate youth, parents, caregivers and members of the community about issues impacting child welfare and legal rights.

Vietnamese Seniors Organize for Tenant Rights

The Law Foundation has been working closely with our local Vietnamese community through tenant organizing to advance their rights to safe and affordable housing. This past year we have assisted two apartment complexes with primarily Vietnamese tenants in forming tenant associations, with a 50% majority participation rate. These tenants are generally low-income, elderly, and receiving government assistance. 

Residents of the tenant association at Corde Terra Village apartments have been making reasonable requests to have their tenant notices translated into their primary languages, such as Vietnamese, as well as improvements to safety and security. They were met with harassment and retaliation from property management who have repeatedly canceled meetings with the association.

In late October, the Law Foundation joined the tenant association in marching to the leasing office to demand the promised meeting with property management and a response to their requests. These seniors brought water and snacks so they could remain at the office until they got their promised meeting, but it never happened. After multiple attempts to negotiate with upper-level management in person, the tenants were left disappointed. 

That’s when the residents organized to rally in front of the apartment developers’ office. The group received support from community leaders, elected officials, and press attention. 

The result? Tenants finally secured an in-person meeting with the apartment managers. The management has made more efforts to be more responsive to tenant needs, including providing notices in multiple languages so that they can be understood by all tenants.

The Law Foundation engages in tenant organizing to center low-income renters as the decision-makers of their tenant protection priorities. When people come together to take collective action on their own behalf, they have a greater ability to influence people in decision-making positions. This creates a more equitable distribution of power.