Southern Legal Counsel Defends Student’s Educational Rights in Federal Court

Southern Legal Counsel Defends Student’s Educational Rights in Federal Court

Dec. 20, 2022 - Seeking to secure a Florida high-school student’s educational rights under the Individuals with Disabilities Education Act (IDEA), Southern Legal Counsel and Three Rivers Legal Services filed a federal complaint against the student’s local school board.

The complaint seeks enforcement of an order issued by an administrative law judge at the Florida Division of Administrative Hearings (DOAH) requiring the student’s evaluation for special education and related services, as well as compensatory education services for the class time she has missed.

The DOAH order found that the school district had notice that “Keisha,” not her real name, was a student with a disability, triggering the school’s Child Find duty to conduct the necessary evaluations, even though the school had initiated expulsion proceedings. Part of the IDEA, the Child Find Mandate requires states to implement programs to identify, locate and evaluate children who might need more support.

Even if a student has not yet been assessed and found eligible for special education and related services, the mandate entitles them to the procedural safeguards available under the IDEA if the local educational agency had knowledge of the child’s disability “before the behavior that precipitated the disciplinary action.”

In Keisha’s case, her mental health issues and struggle to make academic progress led to behavior problems and multiple suspensions and school placement changes. After one particular disciplinary incident, the School Board decided to expel Keisha.

Three Rivers Legal Services represented her in a series of administrative due process hearings, which challenged the denial of a free and appropriate education by the school for failing to evaluate her for special education and for expelling her from school following her placement in a general education setting without behavioral supports.  

While recognizing the school district’s duty under the Child Find Mandate, the administrative law judge allowed the expulsion to stand.

“Once the District was permitted to proceed with an expulsion, school officials washed their hands of their obligation to ensure that Keisha was evaluated to determine her need for special education services,” said SLC attorney Chelsea Dunn. “Because of that, she spent months without any educational services. We are asking the federal court to hold the School Board accountable for its failure to provide appropriate services to enable Keisha to continue making academic progress as required under the IDEA.”

The case is now awaiting an order from the federal judge on cross motions for summary judgment.