DRO Files Class Action Lawsuit Against the Ohio Department of Education and Workforce

September 23, 2024

Today, Disability Rights Ohio (DRO) took another step in its continued fight to enforce the rights of parents and students with disabilities at Warren County Educational Service Center (WCESC). Following attempts to submit a state complaint and two levels of administrative appeals with the Ohio Department of Education and Workforce (DEW), DRO was informed that an administrative process against DEW could not be pursued. Consequentially, DRO, along with Co-counsel Michael J. Boyle of the Columbus law firm of Meyer Wilson Co., LPA., has asked the U.S. District Court for the Southern District of Ohio to intervene in order to ensure that vulnerable students with disabilities at WCESC receive an appropriate education.

The federal lawsuit is the latest move in a years-long effort by DRO to safeguard the rights of students with disabilities at WCESC. In 2022, DRO filed a systemic state complaint with DEW against WCESC and the school districts that send their students there. DEW found numerous violations of special education law and ordered corrective action plans and compensatory education hours be awarded to affected students.

"However, months after the release of these findings, DRO discovered that DEW overturned its original judgment and corrective action following significant pressure from WCESC and a few school districts," explained DRO Executive Director Kerstin Sjoberg. "Unfortunately, DEW failed to advise DRO or the students' families of the change. This secretive process violated DEW's own policies and deprived families of due process and students of necessary compensatory education services."

After learning of DEW's actions, DRO pursued an administrative due process hearing on behalf of those families unhappy that the state complaint findings were changed. In spite of following DEW's stated policy of pursuing an administrative due process hearing, DRO and the families were told they could not use the administrative process against DEW to seek justice in this case.

"In spite of finding that DEW has mismanaged this process and violated its own policies, the hearing officers at both levels of the administrative appeal process would not allow these families to seek recourse against DEW for the wrongs they have endured," Sjoberg noted. "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."

More information on the class action suit filed by DRO can be accessed at www.disabilityrightsohio. If you are a family that has a student with disabilities you believe has been impacted by this ongoing issue, please contact DRO.