Federal Judge Approves Consent Order in Doe v State of Ohio
October 20, 2009 - Federal Judge John D. Holschuh of the U.S. District Court for the Southern District of Ohio, Eastern Division, ruled the consent order in the Doe v. State of Ohio was fair, reasonable and adequate. The terms of the partial settlement of this class action lawsuit filed by Ohio Legal Rights Service (OLRS) are effective immediately and will benefit 280,000 children with disabilities in Ohio's schools.
This settlement brings 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 consent order includes a number of procedural safeguards resulting in transparent processes, increased notices to parents and more timely complaint decisions.
OLRS has represented plaintiffs in this case for nearly 16 years. Sue Tobin, trial attorney for the plaintiffs remarked after the hearing, "This consent order makes important changes that will greatly benefit Ohio students with disabilities by increasing the availability of information about school districts' compliance with federal law, providing for parent involvement in the monitoring process and making complaint procedures more accessible, responsive and comprehensive."
Judge Holschuh, during the fairness hearing in his summary statements said, "This agreement sets forth major improvements in the educational system for children with special needs."
Jason and Lana Johnson, parents of a named plaintiff in the case, from Vincent, Ohio in Washington County attended the hearing with their children. Mr. Johnson said, "The settlement will make the process more transparent and easier to access for common people. I think this is a huge step forward for 280,000 children that the class action suit represents." Lisa Buckingham, another parent of a named plaintiff from Franklin, Ohio in Warren County said the agreement, will have minimal impact on her son with disabilities because of his age but that the settlement will "pave the way for other families." Lana Johnson concluded that the agreement "helps families get the services their children need."
The settlement requires ODE to:
- Ensure public access to information from the state's monitoring activities and to publicly post local school districts' compliance with the Individuals with Disabilities Education Act (IDEA) requirements.
- Provide oversight when waivers are requested to bypass specific special education service delivery ratios (class size, provider to student ratios, etc.). Parents whose children with disabilities may be affected by these waivers must be given notice of such requests before a decision is made on the waiver request.
- Provide additional notice to parents/guardians about the complaint process and information about advocacy resources after a state-level complaint is filed.
- Conduct a more thorough investigation of complaints about claimed violations of rights under the IDEA and ensure that violations of the law are corrected in a timely manner.
- Deny complaint timeline extensions (except in extraordinary circumstances) unless the request is agreed to by both the parent/guardian and the school district.
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Pictured below are parents of named plaintiffs in Doe v State of Ohio in front of the Federal Court building in Columbus. From left to right: Lisa Buckingham, Lana Johnson and Jason Johnson. Also pictured is Lakia Johnson, named plaintiff in Doe v State of Ohio.
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