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Special-education lawsuit settled in part
State funding, services remain at issue
Friday,  July 3, 2009 3:02 AM
THE COLUMBUS DISPATCH
A federal judge gave preliminary approval yesterday to a partial settlement of a lawsuit filed against the state by parents of disabled students.

The tentative agreement, signed by U.S. District Court Judge John D. Holschuh of Columbus, would bring Ohio into line with federal regulations regarding the monitoring of school districts' special-education programs and the investigation of complaints filed by parents.

Holschuh has scheduled a hearing for Oct. 20 to consider final approval of the settlement.

Still to be resolved at trial are issues regarding the state's funding of special education and related services for students with disabilities.

In a case stemming from a 1991 lawsuit, eight Ohio students with disabilities and their parents complained that the state Department of Education failed to ensure that disabled children receive an appropriate education as required under the Americans With Disabilities Act.

In a consent agreement between the plaintiffs and the state, a number of issues were resolved concerning the monitoring of special-education programs and the investigation of complaints filed by parents of disabled students. An attorney for the children and parents said the agreement requires the Education Department to be more transparent in its handling of complaints and to resolve them faster.

"The settlement requires (the department) to identify and correct violations of federal and state special-education statutes to ensure proper implementation of (federal law) for Ohio's schoolchildren with disabilities," Jason Boyland, an attorney for the Ohio Legal Rights Service, said in a statement.

The parents' claim that the state does not adequately fund special education is expected to proceed to trial.

ccandisky@dispatch.com



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