Decision day

Judge: Douglas County schools must pay private school tuition for student at center of special education lawsuit

PHOTO: Creative Commons / supermac1961

A federal judge ruled Monday in favor of a Douglas County couple who’d sought reimbursement from the Douglas County School District for their son’s education at a private school for students with autism.

In the latest chapter of a landmark special education case, U.S. District Judge Lewis Babcock ordered the 68,000-student district to reimburse the student’s parents for the cost of his placement at the private school as well as attorney fees and litigation costs, according to the Denver Post.

The couple’s attorney estimated the amount the district owed was “in the seven figures,” according to the Post.

The couple said in an email Tuesday morning they were “very pleased” with the district court ruling,

“It is unfortunate this case ever got to this point, frankly,” they wrote. “Our attorney reached out many times over the past 8+ years in an attempt to speak and potentially settle this case out of court, but the school district time and again rejected our overtures to sit down and talk.”

Nearly a decade ago, the couple pulled their fourth-grade son, Endrew, out of his Douglas County elementary school after years with little educational progress. They placed him at a specialized school in Denver — Firefly Autism House — where they saw immediate improvements. Tuition at the school is more than $70,000 a year.

In 2011, they sued the school district in a case known as Endrew F. v. Douglas County School District. Three courts ruled against them before they took their case to the U.S. Supreme Court in 2017.

Monday’s decision comes almost a year after the high court ruled in favor of the couple, saying the Douglas County district had not provided Endrew with a free and appropriate education as mandated by federal law.

While the Supreme Court ruling was hailed as a momentous decision with enormous significance for millions of students with disabilities across the country, it kicked the question of whether the district should repay the family for years of private school back to the lower court. After seven years in the legal system, that question was answered Monday.

The Douglas County School District issued a two-sentence statement in response to the ruling, saying in part, “Earlier today, the District Court issued its ruling in the Endrew F. case. We are in the process of assessing the ruling, along with next steps.”

In their email Tuesday, Endrew’s parents — Joe and Jennifer — said, “Even after the strongly worded unanimous ruling from the U.S. Supreme Court in early 2017, (the district) still stood steadfast in their belief (and made the exact same argument again at the district court last week) that the education they provided – a ‘merely more than de minimis’ education (or barely more than nothing), was good enough.  It’s not good enough, nor has it ever been.”

They added, “Our attorney, Jack Robinson, summed it up perfectly in both our reply brief to the court, and again during the oral argument last week: ‘The school district still just does not get it.’ Hopefully now they do.”

Throughout the case, Jennifer and Joe asked that their last name not be used to protect their family’s privacy.

Read more about Joe and Jennifer’s long journey to the Supreme Court here and their frustration at being portrayed as a school choice success story by U.S. Secretary of Education Betsy Devos here.

Keeping students safe

Leadership instability atop Chicago schools contributed to mishandling of student sex cases: report

PHOTO: Getty Images

Instability in leadership at Chicago schools — from a revolving door of chief executives to changes in network chiefs — contributed to a gap in oversight that failed to protect student victims of sexual abuse, according to a preliminary report released today.  

“This turnover makes it difficult to instill and maintain productive policies and procedures, stable systems independent of any person, and cultures of compliance,” according to the draft of a report authored by former federal prosecutor Maggie Hickey, who has been hired by Chicago Public Schools to review the district’s handling of sexual misconduct in schools and make policy recommendations.

The report identified “systemic deficiencies…at all levels: in the schools, the networks, the Central Office, and the Chicago Board of Education (Board),” the report reads. “CPS did not collect overall data to see trends in certain schools or across geographies or demographics. Thus, CPS failed to recognize the extent of the problem.”

“While there were policies and procedures about sexual misconduct on the books, employees were not consistently trained on them, and there were no mechanisms to ensure that they were being uniformly implemented or to evaluate their effectiveness.”

A systemic failure to properly address student sexual abuse across the last decade was first revealed in the Chicago Tribune earlier in the summer. In response, the district implemented several measures including conducting new background checks for school staff, removing the principals of two schools, and creating a new Title IX office.

Board of Education President Frank Clark said in a statement that “student safety is the highest priority for the Board, which is why we took immediate action before this preliminary report was completed. We will use this report as a roadmap to build upon the significant steps the district has taken to strengthen safeguards and supports for our students.”

Find the current draft of the report below.

test scores

How did your school perform on TNReady tests? Search here for results

Student's group

Nearly 700 schools – more than 40 percent of schools in Tennessee – improved in student performance across most grades and subjects, according to a state release of 2018 test results. And 88 school districts or 60 percent met or surpassed student growth expectations.

Test score data for every public school in Tennessee was released Thursday by the state Department of Education.

You can search our database below to find out how students in your school performed. The results show the percentage of students in each school who are performing at or above grade level.

Note: The state doesn’t release data for an exam if fewer than 5 percent of students scored on grade level or if 95 percent of students were above grade level. An asterisk signifies that a school’s score falls in one of those two categories.