LAS VEGAS, Nev. (FOX5) – A new class-action lawsuit filed this week in Nevada District Court alleges a “systematic failure” by the Clark County School District in addressing children with disabilities.
The lawsuit, filed on behalf of several students and their parents against the Nevada Department of Education, NDE Superintendent Jhone Ebert, CCSD, and CCSD Interim Superintendent Dr. Brenda Larsen-Mitchell, alleges that the district failed to provide adequate resources to students with disabilities and the State Department of Education failed to properly oversee the district and it’s failures.
“The egregious failure of the Nevada Department of Education (NDE) to ensure that Clark County School District (CCSD or District) complies with the Individuals with Disabilities Education Act (IDEA) has thrust children with special needs into an unprecedented crisis,” the lawsuit alleges. “This emergency requires immediate and decisive action. Each day of delay compounds the irreversible harm inflicted on these vulnerable children, robbing them of opportunities that can never be reclaimed.”
The lawsuit alleges that CCSD had:
- Failure to identify and evaluate disabilities
- Inadequate IEPs
- Failure to implement IEPs
- Denial of parent participation
- Failure to provide procedural safeguards
- Inappropriate disciplinary actions
- Failure to provide transition services
- Failure to provide appropriate special education and related services and supplementary aids and services in IEP
- Failure to consider special factors
Among the allegations of failures with the education of disabled students, the lawsuit said the district’s ongoing staff shortages further exacerbates the problems and doesn’t allow even good teachers to properly address students with disabilities and their Individualized Education Programs, or IEPs.
“CCSD maintains a district-wide policy of ignoring staffing shortages and disproportionately using long-term substitutes, non-certified staff, and paraprofessionals to provide services to students with disabilities, resulting in a denial of FAPE and a lack of access to the least restrictive environment. Indeed, prior to the start of the 2024-2025 school year, ‘the Clark County School District says they have 1,078 vacancies,’” the lawsuit said, citing a FOX5 story on teacher vacancies.
The lawsuit also alleges the shortage of teachers has led to more abuse of students.
The lawyers representing the students in the lawsuit are set to hold a press availability Monday on the litigation. FOX5 has reached out to CCSD for a response to the lawsuit and has not heard back.
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