May 27 – A Warren County Common Pleas Court judge affirmed a magistrate’s decision and allowed the Warren County Educational Service Center to move forward with its lawsuit against the Ohio Department of Education and Workforce over alleged violations of the Special Education Act education.
Judge Timothy Tepe filed his decision Thursday overruling the objections the Ohio Department of Education and Workforce filed against Magistrate Markus Moll’s April 2 decision and preliminary injunction in an effort to dismiss the Warren County ESC’s lawsuit to point out.
At the center of the dispute is the Wellness Center on Old Irwin Simpson Road in Deerfield Twp., a day treatment program that Warren County operates for students with intensive behavioral and mental health needs.
ODEW initially required corrective action there after an investigation by Disability Rights Ohio in May 2022 alleged several violations of the special education law. However, ODEW halted these corrections after Warren County ESC raised concerns about the fairness of the previous findings.
After a second investigation, Ohio DEW directed the Warren County ESC to provide updated professional development for staff and to work with the state agency and parents to ensure special education students receive appropriate Individualized Education Programs (IEPs) ) and were progressing at the right pace. Warren County ESC sued ODEW in February, saying the state does not have the legal authority to order these changes.
The order halted the corrective action, and the magistrate also denied Disability Rights Ohio’s request to intervene in the case.
In its appeal, filed on April 16, the state asked Tepe to revoke the decisions Moll made on April 2.
The state objects to the magistrate’s finding that there is “clear and convincing evidence that there is a substantial likelihood that (the ESC) will prevail on declaratory judgment, mandamus, due process claims, and injunctive relief.” ”
The state also objected to the magistrate’s finding that a preliminary injunction would not harm third parties (possibly students), and to the magistrate’s conclusion that the public interest would be served by issuing the preliminary injunction.
The state also objects to the magistrate’s conclusion that the court has jurisdiction over the claims in this case.
Tepe rejected every objection and fully adopted Moll’s decisions. Tepe also added in this matter: “There is no just decision for postponement”.
The state can appeal Tepe’s decision to the 12th District Court of Appeals in Middletown. The judge’s ruling allows Warren County ESC to continue its lawsuit against ODEW.
Chad Eberly, ODEW’s deputy chief communications officer, said, “The department has no comment.”
Tom Isaacs, Superintendent of the Warren County ESC, said, “I am pleased that Judge Tepe rejected the state’s bizarre claim that they have the power to do whatever they want to Ohio students and school districts without an appeals process. The DEW must include the rights of parents to choose educational strategies that best suit their children in the IEP (Individualized Education Plan) team process.”
Isaacs also said, “We look forward to presenting our complaints against the state in a trial that will clearly demonstrate their disregard for the law and parents’ rights.”
