DRO Takes DEW-Warren County Dispute to Federal Court

Disability Rights Ohio (DRO) filed a federal class action lawsuit Monday against the Ohio Department of Education and Workforce (DEW) as part of an ongoing dispute over special education services in Warren County.

DRO, a nonprofit designated by the state to advocate for people with disabilities, indicated this summer it would seek federal court review after losing at both levels of administrative review in the dispute with DEW. (See The Hannah Report, 7/23/24.)

Origins of the case stretch back to 2022, when DRO filed a complaint with DEW against the Warren County Educational Service Center (ESC) and its client school districts over practices at the Wellness Center, a day-treatment program for students with intensive behavioral and mental health needs. DEW, then known as the Ohio Department of Education, investigated and issued corrective action plans, including awards of compensatory education services for some students. However, DEW later reconsidered its decision and, in the process, scaled back some of the compensatory awards. DRO subsequently filed a due process complaint, alleging DEW flouted procedure on these types of special education disputes. Around the same time, Warren County sued DEW, arguing it had no authority to accept DRO’s complaint. Warren County prevailed at trial in that case, which DEW subsequently appealed to the 12th District. (See The Hannah Report, 7/3/24, 2/20/24.)

At the administrative level, a hearing officer dismissed DRO’s complaint alleging DEW violated due process requirements in reversing its earlier decision, and a state level review officer declined to overturn that decision.

DRO is working with attorney Michael J. Boyle of the Columbus firm Meyer Wilson Co. LPA to file the lawsuit in the Southern District of Ohio.

“DRO is hopeful that a federal judge will review our complaint and find that parents of students with disabilities are entitled to remedies when the state department of education violates its own policies in a way that deprives families of their rights and students of meaningful services,” said a statement from Kerstin Sjoberg, executive director of DRO.

Story originally published in The Hannah Report on September 23, 2024.  Copyright 2024 Hannah News Service, Inc.