Virginia parents have joined forces to file a class action lawsuit against the state’s Department of Education and Fairfax County Public Schools, alleging that it has historically ruled against children with disabilities in due process lawsuits. rice field.

The lawsuit was led by a non-profit organization called Hear Our Voices, founded by Fairfax’s parents. The group was established to represent and advocate for Virginia children with disabilities and ensure that they receive a proper education under federal law.

The timing of the lawsuit comes at a time when many parents of students with disabilities are seeking compensation for learning losses due to the pandemic and services that weren’t provided during prolonged school closures. If schools, during the pandemic, have not previously provided education and services deemed appropriate for students in their plans, schools will proactively contact families to provide individualized access to children based on the child’s individuality. You are obligated to provide compensation for educational services. needs.

The lawsuit cites 20 years of bias in favor of school districts and proves that students with disabilities were underserved long before the pandemic. Many parents seek a hearing when they have concerns or disagreements about how their child’s free and public education is delivered. Virginia law requires the Virginia Department of Education (VDOE) to use the “impartial hearing officer system administered by the Supreme Court of Virginia” when a hearing is required.

Documents analyzed by the nonprofit reveal the absolutely disastrous percentage of hearings on professional education for children with disabilities in Virginia that favor students.

Specifically, we obtained undisclosed documents from the VDOE through a Freedom of Information Act (FOIA) effort that uncovered a public scandal.These documents indicate that when Virginia parents took action under the IDEA to demand that public schools provide their children with a better education, a hearing officer appointed under state law most never ruled in favor of such parents. (emphasis added)

The frequency of favorable results for students is virtually non-existent. Only 2%, according to data collected by Hear Our Voices.

Over the past 20 years, hearing officers have challenged parents in 1,391 due process cases brought to Virginia under the IDEA by parents seeking better education for their children with disabilities or special needs. Only 25 cases were ruled in favor, less than two percent (2%) of the total cases brought by parents.

The Individuals with Disabilities Education Act (IDEA) protects the education rights of American children with disabilities and requires school districts to provide free and appropriate public education (FAPE) for students with disabilities. IDEA will have school districts identify and evaluate students who may need additional support and services, and provide each eligible student with details of the professional instruction, related services, and accommodations that your child needs. We require you to provide an Individualized Education Plan (IEP) that describes:

For every child, a proper education is the key to future success. However, it is even more important for children with disabilities to have individualized education as required by law. Educational freedom ensures that families of students with disabilities who have been underserved by the public school system can make changes with little financial burden on their families.

For decades, this system has failed families of Virginia students with disabilities. You need access to a K-12 Education Savings Account (ESA) so you can direct your child’s education funds to schools and services that meet their complex needs.