Why You Should Care About ‘Doe v. State of Ohio’
June 12, 2009
In May 2005, eight students with disabilities, their parents, and a plaintiff class of over 250,000 Ohio students with disabilities filed suit against the State of Ohio challenging the way Ohio funds special education and related services, and the procedures used by the Ohio Department of Education for implementing the Individuals with Disabilities Education Act (IDEA). Also at issue is whether state officials were meeting their obligations of ensuring that children with disabilities receive a free and appropriate public education (FAPE) under IDEA.
For the last four years, the suit has quietly wound its way through federal court. But the recent agreement by both parties to a partial settlement of the class action lawsuit is significant for any Ohio family with a special needs child, particularly those aged 3yrs – 21yrs, seeking enrollment in Ohio’s public school system and requiring special education, related services, or accommodations as a result of a disability.
At hand are four separate issues: 1) The way ODE monitors local school districts and other agencies compliance with IDEA; 2) The way ODE handles school districts requests for waivers of state standards controlling the delivery of special education services; 3) The way ODE operates its system for handling complaints about special education matters; and 4) The way ODE corrects school districts that fail to comply with IDEA.
According to a Consent Order signed by both parties last month, the settlement resolves the claims about the way that ODE implements IDEA, but does not settle the challenges to the way Ohio funds the education of students with disabilities. Nonetheless, ODE is now required to take a number of steps in identifying and correcting violations of federal and state special education statues that ensure students with disabilities receive a free and appropriate education, including:
Monitoring – ODE will be required to provide public involvement and access to information regarding its IDEA monitoring systems by requiring public posting of local school districts’ performance and holding open meetings where individuals may present their concerns;
Corrective Action – when a local school district fails to meet state or federal standards, ODE will require that the district correct those deficiencies within a year. The district may be subject to penalties if it fails to correct the deficiencies.
Waivers – Waivers are requested by local school districts when the district claims that it cannot meet special education service delivery ratios (i.e. class size, range of students’ ages in the same classroom, service provider-to-student ratios), which are required by law. The Consent order requires protections for students with disabilities and additional ODE oversight when a waiver is requested. Parents whose children with disabilities may be affected by waivers will now be given notice of requests for such waivers before the request for the waiver is decided. Waivers cannot result in the denial of a free and public education to affected students with disabilities.
Complaints – the Consent Order provides a number of new measures to protect students with disabilities when a parent/guardian files a state-level complaint with ODE. As a result of the Consent Order, ODE will provide additional notice to parents/guardians of the complaint process and advocacy resources to assist parents/guardians. ODE will be required to conduct a more thorough investigation of complaints challenging the provision of a child’s free and appropriate public education, a local school district’s failure to implement due process hearings or state level review decisions, and the inappropriate use of restraint or seclusion. ODE will ensure that violations of the law will be corrected in a timely manner. The Consent Order does not change the procedures controlling due process hearings before impartial hearing officers.
Complaint Timelines – if only the school district requests an extension of time for a decision by ODE and the parent or guardian does not agree to the extension, ODE may only grant the district’s request in extraordinary circumstances. When both the parent/guardian and the school district agree to enter into mediation, the mediation will not delay the outcome of state complaints and an extension of time will be granted only when agreed to by both parties.
While the Consent Order still needs to be signed by the presiding federal judge, this is a significant victory for families with special needs children.
Stay tuned…
