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.

First Person

With roots in Cuba and Spain, Newark student came to America to ‘shine bright’

PHOTO: Patrick Wall
Layla Gonzalez

This is my story of how we came to America and why.

I am from Mallorca, Spain. I am also from Cuba, because of my dad. My dad is from Cuba and my grandmother, grandfather, uncle, aunt, and so on. That is what makes our family special — we are different.

We came to America when my sister and I were little girls. My sister was three and I was one.

The first reason why we came here to America was for a better life. My parents wanted to raise us in a better place. We also came for better jobs and better pay so we can keep this family together.

We also came here to have more opportunities — they do call this country the “Land Of Opportunities.” We came to make our dreams come true.

In addition, my family and I came to America for adventure. We came to discover new things, to be ourselves, and to be free.

Moreover, we also came here to learn new things like English. When we came here we didn’t know any English at all. It was really hard to learn a language that we didn’t know, but we learned.

Thank God that my sister and I learned quickly so we can go to school. I had a lot of fun learning and throughout the years we do learn something new each day. My sister and I got smarter and smarter and we made our family proud.

When my sister Amira and I first walked into Hawkins Street School I had the feeling that we were going to be well taught.

We have always been taught by the best even when we don’t realize. Like in the times when we think we are in trouble because our parents are mad. Well we are not in trouble, they are just trying to teach us something so that we don’t make the same mistake.

And that is why we are here to learn something new each day.

Sometimes I feel like I belong here and that I will be alright. Because this is the land where you can feel free to trust your first instinct and to be who you want to be and smile bright and look up and say, “Thank you.”

As you can see, this is why we came to America and why we can shine bright.

Layla Gonzalez is a fourth-grader at Hawkins Street School. This essay is adapted from “The Hispanic American Dreams of Hawkins Street School,” a self-published book by the school’s students and staff that was compiled by teacher Ana Couto.

First Person

From ‘abandoned’ to ‘blessed,’ Newark teacher sees herself in her students

PHOTO: Patrick Wall
Jennifer Palumbo

As I sit down to write about my journey to the USA, all I can think of is the word “blessed.”

You see my story to become Ms. Palumbo started as a whole other person with a different name in a different country. I was born in Bogota, Colombia, but my parents either could not keep me or did not want me. I was, according to my adoption papers, “abandoned.” Abandoned is defined as “having been deserted or cast off.” Not a great start to my story, I know.

Well I was then put in an orphanage for children who had no family. Yes at this point I had no family, no home, not even a name.
I spent the first 10 months of my life in this orphanage. Most children at 10 months are crawling, trying to talk, holding their bottles, and some are even walking. Since I spent 10 months laying in a crib, I did none of those things.

Despite that my day to be chosen arrived. I was adopted by an Italian American couple who, after walking up and down rows of babies and children, chose to adopt me. My title just changed from abandoned to chosen.

But that wasn’t the only thing about to change. My first baby passport to leave Colombia is with the name given by the orphanage to an abandoned baby girl with no one. When I arrived in America my parents changed that name to Jennifer Marie Palumbo and began my citizenship and naturalization paperwork so I could become an U.S. citizen.

They tried to make a little Colombian girl an Italian American, so I was raised speaking only English. Eating lots of pasta and living a typical American lifestyle. But as I grew up I knew there was something more — I was something more.

By fourth grade, I gravitated to the Spanish girls that moved into town and spent many after-schools and sleepovers looking to understand who I was. I began to learn how to dance to Spanish music and eat Spanish foods.

I would try to speak and understand the language the best I could even though I could not use it at home. In middle school, high school, and three semesters at Kean University, I studied Spanish. I traveled to Puerto Rico, Mexico, and Honduras to explore Spanish culture and language. I finally felt like the missing piece of my puzzle was filled.

And then the opportunity to come to Hawkins Street School came and as what — a bilingual second-grade teacher. I understood these students in a way that is hard to explain.

They are like me but in a way backwards.

They are fluent in Spanish and hungry to obtain fluency in English to succeed in the world. I was fluent in English with a hunger to obtain it in Spanish to succeed in the world. I feel as a child I lost out.

My road until now has by far not been an easy one, but I am a blessed educated Hispanic American. I know that my road is not over. There are so many places to see, so many food to taste, and so many songs to dance too.

I thank my students over the past four years for being such a big part of this little “abandoned” baby who became a “chosen” child grown into a “blessed teacher.” They fill my heart and I will always be here to help them have a blessed story because the stars are in their reach no matter what language barrier is there.

We can break through!

Palumbo is a second-grade bilingual teacher Hawkins Street School. This essay is from “The Hispanic American Dreams of Hawkins Street School,” a self-published book by the school’s students and staff that was compiled by teacher Ana Couto.