Special ed parents bring their battles with Ohio school districts to federal court

COLUMBUS, Ohio (WYSX/WTTE) — In a case representing 260,000 students in Ohio's public education system, parents of special education kids testified in Columbus Tuesday to say they've been treated unfairly.

"It is physical and mental abuse," said mother Beth Tendra who came from Akron. "Not getting us the resources that we needed."

Tendra came with her eighth-grade son Mike who has Tourette's Syndrome and is intellectually delayed. In fifth grade, his mother said he read on a kindergarten level and had math skills on a first-grade level. Despite that, Tendra said she was refused any special education resources.

"They told me Mike could read and write and he didn't belong in an MD class," she said.

Kerstin Sjoberg with Disability Rights Ohio who represents the plaintiffs presented the settlement they reached with the Ohio Department of Education to the court.

"What was happening in Ohio school districts was not appropriate and that the state had fallen down on its job in doing oversight," she said.

In the agreement, both parties came up with a five-year plan to improve inclusion, test scores and positive reinforcement for Ohio's special education students. A newly formed advisory committee will come up with the plan details that will include early intervention, less discipline, and more professional development.

While most feedback to the court was supportive, Columbus mom Virginia Grant-Gubbins was one of two parents who opposed the new deal.

"I am concerned about the proposal," Grant-Gubbins told Scoring Our Schools. "A child should not have to get their educational supports outside of a school district."

Grant-Gubbins said her daughter is now in the eighth grade, dyslexic and still not getting the resources she needs in school. She wants her opposition to lead to a ruling by the court that parents like her should be placed on the new advisory panel. She hopes that would build oversight on the student evaluation system that she claims has let her down but will also be used in the new state plan.

Sjoberg tells Scoring Our Schools the Multi-Tier Support System does work if used appropriately.

"I don't doubt that there are school districts that are not implementing it properly and it's not having the positive impact that it should have," she said.

The advisory committee will have a year to come up with a plan. If Disability Rights Ohio does not see improvement in inclusion and test scores in three years, the case could go back to court. The state has also agreed to pay $3 million in court costs in the case over the next five years.