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.