Nevada Dept. of Education, Clark County School District Sued Over ‘Unprecedented Crisis’ for Students with Disabilities

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A proposed class action lawsuit alleges the Nevada Department of Education (NDE) and Clark County School District have thrust thousands of students with special needs into an unprecedented public education crisis in which they have been unlawfully and discriminatorily denied access to critical programs, teaching, resources and opportunities.

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The 58-page lawsuit accuses the NDE; Superintendent Jhone M. Ebert; the Clark County School District, the nation’s fifth-largest school district; and CCSD Superintendent Dr. Brenda Larsen-Mitchell of failing to provide the resources, support and oversight necessary to meet the educational needs of more than 40,000 students with disabilities, an emergency the plaintiffs stress “requires immediate and decisive action.”

The filing states that graduation rates in the Clark County School District are low while drop-out rates are high, and that the district, amid a crippling deficit, has significantly cut staff, programs and services in recent years, with students with disabilities bearing the brunt of the consequences.

The lawsuit calls the Clark County School District “a symbol in the national consciousness of gross governmental malfeasance and a profound inability of government to promptly respond to the vulnerable population who are the victims of that malfeasance and inaction,” arguing that “aggressive measures” are necessary to redress the district’s problems.

“If not, CCSD will become a national symbol of the irreversible consequences when government at all levels abandons its children,” the suit pleads.

According to the case, the defendants’ litany of failures has impacted students with disabilities “in nearly every area of special education, from preschool through the end of eligibility,” as they are allegedly systematically denied meaningful access to the education, teachers, staff, programs and services, as well as opportunities to “contribute to society through productive civic engagement,” needed to thrive.

“It is impossible to overstate the resoundingly negative, often permanent, effects of the failure to provide meaningful education opportunities to students with disabilities, and to provide them now,” the class action suit reads. “Teachers and parents alike are frustrated by the current situation. There are dedicated and diligent educators within CCSD who struggle to perform their jobs adequately due to systemic deficiencies.”

A 2019review of special education services, commissioned by the Clark County School District, identified “an assortment of systemic deficiencies,” the case relays. The lawsuit says that interviews with parents, teachers and community leaders show that the concerns brought to light in the review “not only continue to persist today, but have grown worse.”

The identified concerns included, among numerous others, that CCSD lacks a professional development program that builds the capacity of its people to improve outcomes for students with disabilities, an issue stemming from inadequate staffing levels in comparison to other big-city school systems, and “significant vacancies in almost all staffing areas,” the suit shares. Another concern was that school district data showed that students with disabilities were educated in gen-ed classes at a much lower rate than others and were more likely to be isolated and/or given out-of-school suspension, the complaint relays.

The review also found that roughly 1,500 students per year were hospitalized in a mental health treatment facility, with approximately 26 percent of those students having an individualized education plan, the case adds.

The CCSD allegedly maintains policies and practices that “purposely interfere” with the location and identification of students who need special education services; fails to provide reasonable accommodations for students with dyslexia, autism and/or other behavioral management needs; and maintains a practice of ignoring staffing shortages, relying disproportionately on long-term substitutes, non-certified staff and paraprofessionals to provide services to students with disabilities.

The suit accuses the defendants of violating the Individuals with Disabilities Education Act (IDEA), Rehabilitation Act, and Americans with Disabilities Act. The case notes that NDE is legally responsible for ensuring that the Clark County School District complies with IDEA.

The Nevada Department of Education class action looks to cover all children who live within the jurisdiction of the Clark County School District and are receiving, or should be receiving, special education and related services under IDEA.

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