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Parents of Allen ISD students with special needs vow to keep fighting for accommodations

Parents of Allen ISD students with special needs vow to keep fighting for accommodations
Parents of Allen ISD students with special needs vow to keep fighting for accommodations 02:51

ALLEN, Texas (CBSDFW.COM) – As the federal government investigates a civil rights complaint against Allen ISD, the families of students with special needs vow to keep fighting for accommodations. 

Several met at the Allen ISD administration building on Friday to bring attention to what they believe is a district-wide problem. 

"Allen needs to be moved into this century," said Jacqueline McClintock-Boylan, whose children used to attend Allen ISD schools. "Allen is very behind the times when it comes to children with disabilities and special education." 

They hope federal investigators come down on the district and force some changes. 

The U.S. Department of Education sent CBS 11 the following statement:

"Thank you for your inquiry. OCR can confirm that there are two open investigations into Allen ISD under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. We do not comment on ongoing investigations. You may be able to access additional documents through a Freedom of Information Act request, which you can file at https://foiaxpress.pal.ed.gov/app/Home.aspx." 

This particular complaint centers around Nicolas, a five-year-old boy with disabilities. He needs support to get around, since he is missing his arm bones and knee joints.

His mom, Christina Cabral, said she explained his special needs to Allen ISD and was excited for him to start pre-K. 

Cabral said she got pushback from the district almost immediately. 

"They came out with this large plastic stroller-wheelchair and a gait belt that they wanted to place on him all day long in order for him to be allowed into the building," she said. "He wasn't going to be allowed to enter or exit walking, as he does every single day." 

Cabral told the district improper restraints could hurt Nicolas but says they weren't receptive to her. She ultimately enlisted the help of Karen Mayer Cunningham, a nationally recognized special education advocate. 

Cunningham filed a complaint with the U.S. Department of Education's Office for Civil Rights, alleging the district is violating Nicolas' legal rights in multiple ways, including failing to maintain accessible entrances, classrooms, and playgrounds. 

"There is one location in this district that's ADA-compliant," Cunningham said. "That beautiful, $70 million football stadium. But you know what, he doesn't play football probably. He needs to go to school and learn to read and write and be exceptional like every other student, and the way they've treated this family is disgusting." 

The district said all Allen ISD schools and playgrounds meet ADA compliance standards. 

They released this statement on the federal investigation: 

Allen ISD can confirm that a complaint has been filed against the District with the Department of Education Office for Civil Rights (OCR). OCR has only just begun its investigation of the complaint and the District has not yet had an opportunity to provide a response; as such, it is important to note that OCR has made no determination with regard to its merit. Allen ISD strongly believes that the claims in this complaint are without merit, and all procedures were followed in accordance with the law.  

Nevertheless, the District expects OCR to conduct a thorough investigation of the allegations and will offer its full cooperation with that process. Due to federal and state privacy laws, the District will not be able to provide further comment or information on this matter unless written consent is granted by the parent. 

It's unclear how long it will take federal investigators to look into the claims. 

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