Class Action Brings Justice For Students With Disabilities Unnecessarily Held in Restraints and Seclusion
Elyse K, lead plaintiff in the case: Kerri K. v. State of California
Courageous parent, Elyse K., inducted into Impact Fund Class Action Hall of Fame.
When my children first attended the Counseling Enrichment Program, I was excited to place them in aschool that was catered to their needs and staffed by professionals that were not only trained to do this very special work with children, but also had a passion for it and believed in what the program had to offer its youth.
Ultimately however, it was run like a sovereign program where its support staff were dictators of what was fair and just, rather than psychology scholars who were put in place to lead and support de-escalation. It became very clear that the students of color predominantly carried the weight of the most severe and unjust disciplinary action on the campus; and on a daily basis and multiple times of the day.
I decided to take a stand when my own eight year old (at the time) came to me in fear of my punishing her, to tell me that she thought she had been abused at the school and didn’t think it was right and wanted to put a stop to it. When she came to me, she felt as though I was not only aware that it was being done, but also that I agreed with it. In disbelief I decided to make it clear to my daughter that not only was I not in agreement with her treatment, but that I wouldn’t tolerate it for anyone else. It only took an instant for me to decide to take on this battle for as long as I was needed.
I decided to take a stand when my own eight year old (at the time) came to me in fear of my punishing her.
I knew the journey would be hard, but I still underestimated the impact it would truly have on me; emotionally and mentally. It was harder and harder to listen as I was informed about more and more incidents of abuse inflicted on my daughter, my son and several of their friends. I found it hard to trust any of the staff at the school, becauseeven the staff that weren’t involved, still didn’t advocate for the children and put the abuse to a stop the way I felt they should have. It was hard to hear representatives of the school downplay and deny the abuse that kept my daughter up at night. I carried on as best I could knowing that my resistance would at least serve as a constant reminder that change was coming and that they were being watched. I needed my children to see me fight for them, the same way that I hope someday they can fight for what they deserve for themselves; despite the challenges.
The day the case was settled, I felt a sense of relief. Relief that I was able to hold fast to the promise I made to my children, relieved that I was offered a crucial role in setting the terms that would in turn, become the groundwork for a proper standard of care. I was happy to have created terms that would not only protect my children, but all of their friends and any students enrolling after them.
I am looking forward to seeing my children through the rest of their academic career and all of the events and social gatherings that make the experience so great. I look forward to seeing my children flourish in an environment that encourages social interaction and independence. Furthermore, this experience has helped me totruly appreciate the work of great attorneys and journalists that are passionate about finding justice in dark places. Lastly, my resolve to open a school of my own has been strengthened and will surely be infused with all that I have learned over the last several years, so that I can purposefully create a program that highlights the ideals myself and my team of attorneys sought out in this case.
On February 23, 2024, Elyse K. was inducted into the Impact Fund Class Action Hall of Fame for her courage and sacrifice as named plaintiff in the case: Kerri K. v. State of California.