by Ann Schimke, Chalkbeat Colorado
June 25, 2018
The Douglas County School District outside Denver has paid $1.32 million to settle a long-running special education case brought by a couple who sought reimbursement from the district for their son’s education at a private school for students with autism.
The payment, made to the law firm representing the couple in May, represents the last chapter in a landmark special education case known as Endrew F. v. Douglas County School District. The case lasted for seven years, leading to a 2017 U.S. Supreme Court decision that raised the standard schools must meet in educating students with disabilities.
“The settlement really just eliminates any uncertainty there may have been about the importance of the Endrew F. decision,” said Meghan Whittaker, policy and advocacy manager for the National Center for Learning Disabilities.
She expects the settlement to spur greater awareness about the higher standard and increased public investment in educating students with disabilities.
Jennifer and Joe, the parents of Endrew F., the student at the center of the case, declined to comment on the settlement when reached by email recently.
In February, they said their attorney had reached out to school district officials numerous times over the years with offers to talk and potentially settle the case out of court, but that the district rejected those overtures.
Chalkbeat requested the two-page settlement agreement under the Colorado Open Records Act, but district officials declined to provide it, citing a confidentiality agreement between the two parties.
The seeds of the Endrew F. case were planted about a decade ago when Jennifer and Joe pulled Endrew, then a fourth-grader, out of his Douglas County elementary school after years of stalled 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, Jennifer and Joe sued the school district for tuition reimbursement, arguing that Endrew had not received a fair and appropriate education in Douglas County schools as required by federal law. Three courts ruled against the family before the case reached the U.S. Supreme Court.
Throughout the case, Jennifer and Joe asked that their last name not be used to protect their family’s privacy.
While the unanimous 2017 U.S. 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.
In February, a federal judge ruled that the district owed the family for tuition and legal costs. According to district officials, the district reached an agreement for the $1.32 million payment on April 19 with the school board’s authority. The money came out of the district’s general fund.
In recent months, public and private groups have released new resources to help school district leaders and parents understand and act on the Endrew F. decision. In December, the U.S. Department of Education put out a nine-page Q&A on the topic.
In early 2018, the National Center for Learning Disabilities put out the Endrew F. Advocacy Toolkit for parents. The downloadable toolkit, which has been accessed 30,000 times so far, outlines the process for advocating for students with disabilities and improving their individualized education programs.
Whittaker said the Endrew F. settlement signals to both parents and school officials the importance of working together to craft such plans.
“The focus here needs to not be on future cases and parents suing school districts but providing students with the services they need now,” she said.
Chalkbeat is a nonprofit news site covering educational change in public schools.
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