Monday, November 11, 2013
In what a school board attorney acknowledges is an unusual move, a Kentucky school board filed suit in federal court last week against the Kentucky Department of Education in a special education case. The KDE is named as a defendant in the suit filed by the Board of Education of Fayette County, Kentucky under the Individuals With Disabilities Education Act (IDEA). The complaint notes that KDE “is not called upon to answer the substance of the Complaint, but is made a party in order to give full effect to any final order or judgment of this Court and make such order or judgment binding on KDE[.]” The school board is appealing an adverse due process hearing decision by Kentucky’s Exceptional Children Appeals Board (ECAB). The ECAB found that the district denied a student a free and appropriate education during the 2011-12 school year and ordered the school board to provide 540 minutes of compensatory psychological services. Details are not yet available about the grounds for the ECAB’s decision, but are likely to be unsealed soon. The complaint is Board of Education of Fayette County, Kentucky v. Z.B. et al, No. 5:13-cv-00376-KKC (filed Nov. 4, 2013).