Attorneys are meeting for an initial court hearing Thursday
about a suit filed by the mother of a 14-year-old UCLA student
against the state of California for not providing adequate
educational instruction for her son.
The suit was filed in July in a California Superior Court in
Sacramento and alleges the state violated the constitutional rights
of Levi Clancy, a student described in the legal complaint as
“highly gifted,” because he did not receive “a
free, equal and suitable education.”
Levi Clancy is currently in his second year at UCLA. He began
taking classes at Santa Monica College when he was 7 years old,
passed the California High School Proficiency exam when he was 9,
and enrolled at UCLA in January 2004, according to the
complaint.
Levi Clancy’s single mother, Leila Levi, cannot continue
to afford the education necessary for her son, the complaint said,
and the suit seeks financial compensation for his education.
“The bottom line is, that the Constitution guarantees a
free and equal education according to the individual needs of each
student, and this particular student needs a college level
education in order to function as a child,” said Leila
Levi’s attorney Richard Ackerman.
“If you assume that he’s required to attend school
until he’s 16, and we know that the public school system is
not going to meet his needs … then it becomes pretty obvious that
the state does have a duty to make sure he’s educated up
until he’s 16,” Ackerman said. “If he
doesn’t, he’s a truant.”
Jack O’Connell, superintendent of education for the state
of California, is also named as a defendant in the suit.
A spokesperson from O’Connell’s office, Hilary
McLean, said state public schools offer numerous programs for
gifted students, including Advanced Placement programs,
partnerships with local community colleges, and the Gifted and
Talented Education program.
“It would make sense for students who are looking for more
academic opportunities to look for those within the school and
school district,” McLean said.
Ackerman, who has taken the case pro bono, said the
state’s programs are not adequate for students as advanced
and gifted as Levi Clancy.
Levi Clancy is a minor and his mother declined requests to
interview him.
On his Web site, www.levilevi.com, Levi Clancy talked about how
excited he was just a few days after beginning school at UCLA last
year.
“Well, I dare say that my life (is) almost perfect right
now. I am going to UCLA, completely and delightfully. … As you
can see, everything is perfect! So much has happened in 10 days!
I’ve been at UCLA for five days and am already a totally
different person: the work and concentration and extreme emotional,
time, mental and financial investment has just made me a better
person,” the Web site read.
In February of last year, a posting on Levi Clancy’s Web
site spoke of frustration following midterms ““ a common
reaction for university students.
“Well, my chemistry midterm was a killer. My math midterm
was, too, but it was for everyone else so I think the Saint Curve
will save me. Oh, did I mention my chemistry midterm was a
killer?”
Attorneys are meeting for an initial court hearing about the
suit this Thursday in Sacramento, and Ackerman said he will likely
seek class action status.
“This case is probably the first in the nation to deal
with this,” Ackerman said. “That’s (why)
I’m hoping that this case will make it’s way to the
California Supreme Court, that might actually set an example for
the rest of the nation.”