A3 THE DAILY ASTORIAN • WEDNESDAY, JANUARY 23, 2019 Disability rights groups sue Astoria turns to recruiter to Oregon in federal court fi nd development director Suit claims students shortchanged Associated Press SALEM — Disabil- ity Rights Oregon and four other groups fi led a class-action lawsuit Tues- day against the state of Ore- gon in U.S. District Court saying the state denies hun- dreds of children with dis- abilities the right to attend a full day of school. The lawsuit fi led in fed- eral court in Eugene comes on the fi rst day of Oregon’s legislative session and names Gov. Kate Brown, the Oregon Department of Education and its director, Colt Gill, as defendants. It says that children with disabilities are frequently removed from the gen- eral classroom and given instruction separately or are sent home because of dis- ruptive behaviors. In some cases, the students remain out of class for days or weeks, according to the complaint, and the problem is worse in small and rural districts. Brown’s offi ce didn’t immediately return a mes- sage seeking comment. Marc Siegel, spokesman for the Oregon Department of Education, said he could not comment on pending lit- igation, but added in a state- ment that the department is “committed to equity and excellence for every learner.” The state has made a handful of efforts to reduce the use of shortened days in the last few years. But Dis- ability Rights Oregon attor- ney Joel Greenberg told The Statesman Journal that the situation is getting worse, not better. “What’s happening is hurting a lot of children every day,” he said. “They have a disability, and that disability makes it hard for them to understand and reg- ulate their own behavior. “I would like other par- ents to understand what it might be like just because your child is different in some way and they are told they don’t belong in school ... that they won’t get the same opportunities.” The lawsuit was fi led by a list of concerned families, attorneys and advocates, including Disability Rights Oregon, the National Center for Youth Law, the Coun- cil of Parent Attorneys and Advocates and the Bazelon Center for Mental Health Law. The lawsuit says children as young as 5 and 6 are rou- tinely excluded from attend- ing a full school day with their peers because of their disability-related behaviors. Some of these children receive as little as one or two hours of instruction a day instead of the six hours their classmates typically receive. One child Green- berg has represented was denied a full day before he even began attending school, he said. When children are in school, instruction often takes place in a separate classroom where they have little opportunity to interact and learn with their peers, despite research that says they are far more likely to enjoy academic and social success when allowed to do so, the complaint says. “It’s similar to what hap- pens on a snow day or unan- nounced day off of school, only it goes on forever,” he said. Under federal law, the state must ensure that all students receive an appro- priate education without discrimination based on disability. State law allows students to be placed on an abbre- viated schedule in some instances. In those cases, parents must have had an opportu- nity to meaningfully partic- ipate in the placement, and school specialists that help craft the child’s education plan must show they con- sidered at least one other option. That team must also document the reasons why an abbreviated day is necessary. Shutdown makes it tough to help whales By PATRICK WHITTLE Associated Press via said. “We have little to no ability to fi nd them because of NOAA’s being furloughed.” By KATIE FRANKOWICZ The Daily Astorian After more than a year without a community devel- opment director, Astoria is turning to a recruiter to fi nd candidates as permit requests remain high and major proj- ects and complex discussions about future development move forward. The city has been without a community development director since former direc- tor Kevin Cronin left in 2017. City Manager Brett Estes has since posted the job mul- tiple times and interviewed several candidates. “That has not proved to be a fruitful process,” Estes told the City Council on Tuesday . Recent candidates decided to remove their names from consideration at the last min- ute for various reasons. Though it is common for the city to use recruiters when it comes to hiring posi- tions like the police chief or fi re chief, this is the fi rst time Estes has used a recruiter to hire a community develop- ment director . After working with the city’s human resources staff to compile a list of fi rms that specialize in recruiting for public agencies, Estes will consider hiring a consultant later this week. The search for a new com- munity development director came at a time when the city was already down a police chief after Brad Johnston’s abrupt retirement. The long- planned retirements of the public works director and fi re chief followed. Then, last summer, the parks director announced she was taking a job in Colorado. Now, only the community development director and the fi re chief positions remain vacant. Richard Curtis was hired as interim fi re chief in September and Estes plans to interview several candidates for the permanent job at the end of the month. The city is not alone in its struggle to fi nd someone to head community devel- opment . Other cities on the coast have reported long searches for city planners and planning department leaders. In the meantime, Estes has brought in other consul- tants to help with projects, including former city plan- ner Rosemary Johnson and Mike Morgan, who served as interim director after Cronin left. The city also recently contracted with Heidi Dublac to help with code enforce- ment and other projects. 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They have also launched “Uniontown Reborn,” look- ing at how to address the city’s western gateway with streetscape improvements and zoning changes, as well as creating a homestay lodg- ing permit process to curb illegal Airbnb-type vacation rentals . Consult a 503/325-0310 1414 MARINE DRIVE, ASTORIA www.smileastoria.com grooves of teeth, protecting them from food and bacteria that can be hard to remove with brushing. We recommend having your child’s permanent molars sealed as soon as they are fully erupted. You can expect sealants to last upwards of 10-15 years and are a safe, in- expensive way to help ensure your child’s oral health. Call us today to make your appointment. Q: Does the Oregon Health Plan cover chiropractic care? The Oregon ASTORIA A: Yes! Health Plan does cover CHIROPRACTIC Barry Sears, D.C. 503-325-3311 2935 Marine Drive Astoria, Oregon chiropractic care with referral from your primary care physician. 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NOAA plays a role in preventing acciden- tal whale deaths by doing things like tracking the ani- mals, operating a hotline for mariners who fi nd dis- tressed whales and provid- ing permits that allow the rescue groups to respond to emergencies. Those functions are disrupted or ground to a halt by the shutdown, and that’s bad news if whales need help, said Tony LaCasse, a spokesman for the New England Aquarium in Bos- ton, which has a rescue operation. “If it was very pro- longed, then it would become problematic to respond to animals that are in the water,” LaC- asse said. “And to be able to have a better handle on what is really going on.” The shutdown is com- ing at a particularly dan- gerous time for the endan- gered North Atlantic right whale, which numbers about 411, said Regina Asmutis-Silvia, a senior biologist with Whale and Dolphin Conservation of Plymouth, Massachu- setts. The whales are under tight scrutiny right now because of recent years of high mortality and poor reproduction. NOAA recently identi- fi ed an aggregation of 100 of the whales south of Nan- tucket — nearly a quarter of the world’s population — but the survey work is now interrupted by the shutdown, Asmutis-Sil- via said. Surveys of rare whales are important for biologists who study the animals and so rescuers can have an idea of where they are located, she said. No right whale mortali- ties have been recorded so far in 2019, but there have been at least 20 since April 2017. “There’s a really sig- nifi cant impact on marine mammal conserva- tion based on this shut- down,” Asmutis-Sil- The city’s search has lasted more than a year your account was one of literally BILLIONS that have been leaked. If yours was compromised, create a new complex password. 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