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After extensive negotiations, the parties in Doe v. State of Ohio have agreed to a proposed partial settlement. The proposed consent order will bring Ohio into line with federal regulations regarding the Ohio Department of Education's (ODE) monitoring of school district special education programs and investigation of complaints filed by parents or students.
The parties have agreed to changes in the way ODE reviews school districts' requests for waivers of standards adopted to serve students with disabilities, the way ODE monitors districts' compliance with Individuals with Disabilities Education Act (IDEA) requirements and the way ODE investigates complaints about claimed violations of rights under the IDEA. These changes make those practices more transparent and increase parents' and other stake holders' ability to make their views known. In addition, a number of the changes will result in more prompt decisions in this inherently time sensitive area.
OLRS Chief Legal Counsel Sue Tobin, who initially brought intervenors into this case in 1993, and OLRS staff attorney Jason Boylan were the primary attorneys working on the settlement. The school funding aspects of the case will continue to trial.
In Doe v. State of Ohio, OLRS represents eight students with disabilities, their parents, and a plaintiff class of over 250,000 Ohio students with disabilities. OLRS brought the case to ensure that state officials were meeting their obligations to ensure that children with disabilities receive a free appropriate public education (FAPE) under the IDEA, and because of the impact that inequities in Ohio's school funding scheme have on the education of these children. Plaintiffs seek relief under IDEA, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 and the U.S. Constitution.
The proposed consent order is pending preliminary approval by the court. Once approved, a fairness hearing will be scheduled by the court.
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Article posted June 1, 2009