LAS VEGAS ( KLAS ) — A class action lawsuit against the Clark County School District (CCSD) and Nevada Department of Education (NDE) alleges a violation of federal law concerning special needs students.
In the 58-page complaint, nine families allege a “systemic failure” of Nevada’s education system, pointing specifically to CCSD. Twelve children are identified in the suit, listed only by their initials.
“For years, the Nevada Department of Education and the Clark County School District have failed to comply with federal laws designed to protect the rights of students with disabilities,” said Hillary Freeman, an attorney representing the plaintiffs. “Because of that, it’s a constant battle for these families to access the free and appropriate public education children are entitled to under these federal laws.”
The lawsuit alleges that CCSD and NDE violated laws, including the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) by not supporting students with disabilities like dyslexia and autism, saying that the cause is due to staffing shortages and lack of training.
Lead attorney Lori Rogich and her husband Sig were involved in a previous suit against the school district involving her daughter, who had been diagnosed with dyslexia.
“We were asking for a methodology to be included in their daughter’s individualized education program, and the school district refused to do it,” Freeman said.
The Rogich family sued CCSD and said nothing has changed since. The new lawsuit seeks to restructure the District’s special education system with federal oversight, new procedures, and increased staffing and training. In addition, the lawsuit seeks reasonable costs, attorney’s fees, and experts fees, along with monetary or other damages “as the Court deems just, necessary, and proper.”
“They’re not utilizing up-to-date approaches or research-based approaches, and as a result of that, the students are not learning, they’re acting out, they’re not learning to communicate, and they’re being excluded from school because the teachers and the school cannot meet their needs,” Freeman said.
The lawsuit alleges that CCSD pretends dyslexia does not exist despite estimates that 80-90% of students with learning disabilities have it.
The attorney said teachers are not to blame, adding that the educators and families appear to be on the same side.
“Teachers are begging for support, they’re begging the administration for support, and they are being denied that support,” Freeman said.
The Nevada Department of Education did not immediately respond to an email sent late Thursday. 8 News Now will update this article should they issue a response. CCSD officials declined to comment on the lawsuit per district policy. Attorneys for the plaintiffs have scheduled a news conference for Monday.
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