Columbus grandmother joins case against State of Ohio on treatment of special ed kids

COLUMBUS, Ohio (WSYX/WTTE) — A Columbus grandmother is struggling to keep her grandson in school as she claims he has become a target due to his disability.

Connie Evans tells Scoring Our Schools she's fought against expulsion already this year at Columbus City Schools. She's now joined the class-action suit against the State of Ohio regarding special education. The next court date in the federal suit is set for next month.

"Kids with ADHD think less of themselves to begin with," Evans said. "They think they're stupid. They verbalize that they're stupid. They see other kids around them that are smart and get it."

Evans said she took custody of her grandson Vincent when he was a baby after her daughter turned to drugs. Vincent first attended private school when his grandmother noticed he began to struggle with his focus and his grades. So in middle school, Evans enrolled him at Ridgeview within the Columbus City Schools District.

Doctors had diagnosed him with ADHD, having impulsivity, depression and opposition defiant disorder. They recommended positive re-enforcement in school, taking additional breaks and creating a private, distraction-free workspace in class. Evans had hoped the bigger district would offer more resources but she said she experienced problems with the special education system.

"I was talked at," Evans said. "They all told me this, this, this, this and this, that he does not have a learning disability. He has a behavior issue."

Evans said then came the suspensions. In December, Vincent also faced an expulsion after a teacher claimed he said, "I'm going to bring a gun to school tomorrow." Evans said they keep no weapons in the home. She called Disability Rights Ohio (DRO) for help.

"We get calls all the time from parents and students who are struggling to read at grade level," said Kerstin Sjoberg, Director of Advocacy for Disability Rights Ohio. "They're being disciplined, expelled, suspended. They're being restrained and secluded."

DRO just reached a settlement with the state after a nearly 30-year class-action lawsuit on behalf of the 250,000 special education students in Ohio.

"We saw students well behind grade level in reading and math," said Sjoberg.

The organization studied cases in three major school districts. They noted poor grades, high rates of discipline and lack of positive support.

A DRO representative attended Vincent's expulsion hearing last month. He was allowed to stay at Ridgeview. It was determined his behavior "was a manifestation of his disability."

Columbus City Schools does not comment on specific student discipline. A spokesperson sent Scoring Our Schools an emailed statement about its program:

Academic achievement results for students with disabilities are reviewed and analyzed by both the building and the special education department.

Through the OIP (Ohio Improvement Process), building teams identify strategies and needed professional development to improve academic achievement in the areas of need. The Special Education Department provides additional supports and professional development including but not limited to Ohio Learning Standards and Learning Progressions, inclusion and co-teaching, Universal Design for Learning and high leverage strategies for special education.

Seclusion and Restraint data is reviewed by the Special Education Director. Staff submit an online form whenever seclusion and/or a restraint is used within 24 hours after the incident. Crisis Prevention Institute (CPI) instructors and/or behavior specialists provide additional supports to individual buildings or students based on the data.

All discipline incidents specific to removals are reviewed weekly by a supervisor in special education and building teams and area superintendents are notified to provide differentiated support. Students with disabilities are served in their Least Restricted Environment. Some students with disabilities access their education in general education classrooms with support from a tutor, while other students with disabilities may require a small group setting to access their education. Accommodations are determined by the Individual Education Program(IEP) team and are individualized and based on student need. Accommodations could include extended time, frequent breaks, guided notes, preferential seating, small group for testing, cuing to stay on task, checks for understanding, manipulatives, and visual aids.

Columbus City Schools teachers receive Verbal De-escalation training and every building either follows the practices of Trauma Informed Care and/or Restorative Practices. Each building principal can offer professional development based on the needs of the building.