On Thursday, September 18, the U.S. District Court for the District of Nevada allowed a class action lawsuit to go forward against the Clark County School District in Nevada and the Nevada State Department of Education. The suit was brought by 12 families of students with disabilities. The lawsuit alleged that the school district had committed systemic failures that denied thousands of students with disabilities their right to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. None of the families in the lawsuit asked for money; rather, they asked that the school district make changes in the way it provides services to students with disabilities.

Attorneys for the families cited three primary problems that led to the lawsuit. First, the school district did not have a sufficient number of staff in its special education programs. Second, many of the teachers working in special education did not have training in working with students who had special academic and functional needs. Third, there was little accountability, so it was difficult to determine what was or was not being accomplished.

The parents’ lawyers want to get this case to trial as quickly as possible. If they win, it could affect more than 40,000 students with disabilities in the Clark County school district. The parents also asked for the appointment of a federal monitor to restructure the district’s educational system and for the Nevada Department of Education to provide support and oversight in the improvement efforts.

If the lawsuit succeeds, advocates believe it will lead to stronger accountability measures, improved resources, and greater protections for students with disabilities. On the other hand, school district and state department personnel likely worry that such a case may result in schools spending money on legal fights instead of helping students.

To see a news report on this case, click here. A description of the complaint may be found on the website of the Council of Parent Attorneys and Advocates (COPAA).