For nearly all of us, the COVID-19 pandemic caused immeasurable disruption in our employment, education, and daily lives. For my son Owen, the turmoil in education continued long after the restrictions were lifted. He was enrolled in school with an Individualized Education Plan (IEP) to track data, set goals, and better support his learning.
We had encountered issues in elementary school with the IEP not being followed, but any attempts to appropriately educate Owen were thrown to the wayside during and after the pandemic.
Through 2020 and early 2021, remote learning was the standard for most K-12 students in Washington. In Fall 2021, most schools were restarting in-person classes, but Owen and other students under the Special Education umbrella were excluded.
I was no stranger to calling out the school on inequitable practices and questioning why the general education students were invited back, but Owen was not. The school district planned to allow special needs students, like Owen, back on campus for only 2-3 hours a day, a few days a week. Owen was upset with the lack of social contact during remote learning and was struggling academically.
I cited the regulations and policies outlined in a handbook the school had provided to parents, to no avail. It was clear that the school was not meeting my son’s needs and I needed an advocate on our side.
In the fall, when Owen was not able to return to in-person schooling like his peers, I reached out to Northwest Justice Project (NJP) to see if an attorney could assist me. I knew of NJP’s work with tenant rights and hoped they might also provide an attorney to help with Owen’s education rights.
A few days later, I was so happy to get an email from Mary who had previously helped us pro bono. She was now working with NJP and told me she was able to take the case. Mary reviewed countless files and a ton of documentation. She was always encouraging and compassionate in her communications with us. Most important, she kept after the school district to turn over data on implementation of the IEP and Owen’s progress. The district insisted everything was fine, but when we finally got the data, it was clear that Owen was not getting the support he needed.
OSPI eventually determined that the school was at fault for IEP violations. The school was held accountable and ordered to make up 60 hours of direct education to Owen. Following the OSPI ruling, Mary helped coordinate an out-of-home education placement for Owen. It took 15 months to find the kind of supportive environment that would benefit him. With his needs being better met, Owen is making steady improvements in his new program, and I am excited to watch him continue to learn and grow.