Federal Judge Leon Holmes has dismissed the Justice Department’s lawsuit against the Conway Human Development Center over conditions at the residential center for developmentally disabled.
The Court finds and concludes that Conway Human Development Center complies with all of the requirements of the Fourteenth Amendment and the Americans with Disabilities Act but not all of the requirements of the Individuals with Disabilities Education Act. Because Congress has provided for a state educational agency to enforce compliance with that Act, and because the evidence established that the state educational agency here is enforcing and will enforce compliance, no injunction is necessary or appropriate.
This is a win for the state and backers of the Conway center. In short, the facility will continue to operate as it has.
The federal government has been pushing to move from institutional to community care, but has roadblocks on that effort here. The center became an issue in the governor’s race in 2010, with Gov. Mike Beebe defending care at the center and challenger Jim Keet calling the governor down for never having visited to observe treatment himself.
Read on for the state and governor’s response: