Parents' lawsuit fails; South Dakota School for the Deaf to close

From The AP:

South Dakota will be able to close the Sioux Falls campus of its School for the Deaf after a federal judge ruled against a group of parents who had sued to keep it open.

The parents of eight deaf or hearing impaired students claimed closing the school in favor of outreach education and contracted services would deprive students of their due process rights and violate the state constitution and the federal Individuals with Disabilities Act.

But U.S. District Judge Lawrence Piersol said the parents failed to identify a fundamental change in how students were educated away from the Sioux Falls campus. He said the Legislature gave the Board of Regents the power to run the institutions under its control in a way that best fits the purpose of each institution.

"It (board) has acted within that power in providing programs for deaf persons under the age of 21 who reside throughout the state regardless of whether the instruction itself occurs at the Sioux Falls location," Piersol said.

The parents can appeal his Sept. 30 summary judgment.

"At this point we're reviewing the decision, weighing our options," said Shawn Nichols, an attorney for the parents, on Tuesday. "And obviously we're incredibly disappointed with the result and feel for the families that are affected by the decision."

The School for the Deaf had an on-campus enrollment of more than 130 in the 1970s, but it dropped to five last year because technological advances such as cochlear implants and hearing aids allow students to attend mainstream classes.

About 400 deaf or hearing impaired students attend local schools throughout the state and 21 others are served through contracts with two Sioux Falls-area school districts, according to the Board of Regents, which oversees the school.

"We're pleased with the judge's ruling because I think what he did was to give credence to our claim that we need to have flexibility in the accommodations we make for deaf and hearing impaired students because we can come up with solutions that are in their best interests," said Jack Warner, executive director of the Board of Regents.

The regents also oversee the School for the Blind and Visually Handicapped in Aberdeen and the six state universities.

Part of the 14-acre Sioux Falls campus is used, but residence halls and classroom buildings are vacant. The regents will study future use of the campus, including possible sale or lease of buildings and land, Warner said.

"There is not a sense of urgency about the property," Warner said. "We would have to relocate the auditory testing lab and the administrative offices, so that's something we would have to plan for and there's likely to be an expense involved with that. We're just weighing all the options right now."