Connect with us

State News

Parents file class-action suit against Virginia Department of Education, Fairfax School Board over disability hearings

Published

on

United States District Court Eastern District of Virginia in Richmond, Va. Parker Michels-Boyce for The Virginia Mercury

 

A federal class-action suit has been filed against the Virginia Department of Education and Fairfax County School Board, claiming they are violating the rights of disabled students under the federal Individuals with Disabilities Education Act.

The plaintiffs in the case — the parents of an anonymous Fairfax County student and their nonprofit, Hear Our Voices, an organization focused on supporting disabled and special needs students — argue that VDOE and the Fairfax school board “have actively cultivated an unfair and biased” hearing system to oversee challenges to local decisions about disabled students.

The parents claim that state hearing officers, who are responsible for holding impartial hearings to resolve disagreements over issues related to special education services, have ruled disproportionately against parents for two decades.

Between 2010 and 2021, Virginia parents who initiated a due process hearing “received a favorable hearing” in only 13 of 847 cases, the lawsuit says.

“Moreover, during the last twenty years, approximately two-thirds of the hearing officers have never ruled in favor of parents, not even once,” the plaintiffs wrote. “Even worse, 83% of hearing officers in Northern Virginia never once ruled in favor of parents over the eleven-plus years from 2010 to July 2021.”

The lawsuit says that the low success rate for parental challenges in Virginia “is a glaring outlier compared to other states,” where studies have found rulings in favor of parents hovering around 30%.

Charles Pyle, a spokesperson with the Virginia Department of Education, said in an email that the department does not comment on pending litigation but is “committed to ensuring that students with disabilities receive all services and supports that they are entitled to under federal and state law.”

Fairfax County Public Schools did not immediately respond to a request for comment.

Trevor Chaplick, the father of the Fairfax student, said the lawsuit was brought forward to reveal the “deeply troubling ruling record” of Virginia’s hearing officers against parents of disabled children.

“The parents of disabled and special needs children deserve a better fate from the Virginia public school system,” said Chaplick in a statement.

The Chaplicks allege that the Department of Education developed a roster of “school-friendly” hearing officers, allowed local education agencies to communicate improperly with hearing officers, hired biased officers due to financial interests, and declined to certify new officers for more than a decade.

The Civil Rights Clinic of Georgetown Law School, the law firm of Susman Godfrey, LLP, and Merritt Law, PLLC represent the family. The case is being heard in the Alexandria Division of the U.S. District Court for the Eastern District of Virginia.

“Children with disabilities and their families deserve ‘a life like yours,’” said Aderson Francois, director for the Georgetown Civil Rights Clinic, in a statement. “This lawsuit is the first step in making sure that the commonwealth of Virginia provides these children with an education that meets their needs.”

by Nathaniel Cline, Virginia Mercury

 


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
66°
Clear
5:46 am8:39 pm EDT
Feels like: 66°F
Wind: 2mph SSE
Humidity: 83%
Pressure: 29.94"Hg
UV index: 0
MonTueWed
77°F / 55°F
77°F / 61°F
86°F / 64°F
Local News5 hours ago

Ole Timer’s Antiques Celebrates 25 Years on Front Royal’s Main Street

Opinion5 hours ago

Protecting the Valley: Lessons from Prince William County’s Data Center Boom  

Local News6 hours ago

VDOT: Warren County Traffic Alert for June 15 – 19, 2026

Local News12 hours ago

Beth Macy Brings Congressional Campaign to Warren County Democratic Gathering

Home14 hours ago

A Gardener’s Guide to Surviving Your Pets

Historically Speaking15 hours ago

Why ‘Tom Sawyer’ Still Matters 150 Years Later

Opinion15 hours ago

Commentary: The Exemption Virginia Can’t Price and Won’t Stop

State News15 hours ago

New House Budget Strips Environmental Standards for Data Centers, Creates Commission Instead

State News15 hours ago

Spanberger Defends Wave of Vetoes as Frustrated Democrats Push Back

Community Events16 hours ago

Front Royal’s Juneteenth Celebration Returns for Third Year of Music, Food, and Community

Local News16 hours ago

Diabetes Reversal Group Brings Health Awareness Campaign to Valley Baseball League

Interesting Things to Know16 hours ago

Elder Abuse Awareness Day Highlights Hidden Harm Facing Older Adults

Agriculture17 hours ago

Right Tools Can Make Hobby Farming Easier and Safer

State News1 day ago

In Albemarle County, Park’s Edge Residents Endure Stinking Floods, Rat Infestations, Fire Hazards

Obituaries1 day ago

Frederick Nigel Lewis (1962 – 2026)

Local News1 day ago

Virginia State Police Weekly Operations Seize Guns, Drugs, and Cash

Community Events1 day ago

Historic Hike Explores Lost Belmont Vineyards in Warren County

State News1 day ago

Injunction Pauses ‘Unconstitutional’ USDA Conditions for SNAP, WIC Funding to Virginia, Other States

National News1 day ago

Strong Candidates in Alaska, Ohio Seen as Moving US Senate Races Toward Dems

State News1 day ago

Some Virginians with Past Felonies Can Apply to Seal Their Records, Starting Next Month

National News1 day ago

Virginia Superintendent Reaffirms to Congress Loudoun’s Commitment to Student Needs, Parental Cooperation

Business Growth Series2 days ago

Business Growth Series: Busy All Day and Still Not Growing? Here’s Why

Interesting Things to Know2 days ago

Do You Remember Your First Color TV?

State News2 days ago

No Way Out: How Virginia Law Fails Vulnerable Renters

Obituaries2 days ago

Bruce Wayne Evenson (1953 – 2026)