Lawsuit for in-class learning moves forward against Upper Arlington City Schools
UPPER ARLINGTON, Ohio (WSYX/WTTE) — The legal battle for in-class learning has moved forward against Upper Arlington City Schools.
Attorneys representing an anonymous middle school student said they're not happy with the district's decision Tuesday night to only allow some special needs students back into the classrooms, while the rest will have to do online learning.
Attorney Rex Elliott said his client is an IEP student who needs in-person special education services from the district. However, during a district meeting Tuesday night, school leaders decided only about 50 IEP students can physically go back to the classroom. Elliott said that's not good enough.
“On July 22 they had a plan to get kids back into the classrooms when the cases were much higher. Now parents don’t even have an option,” he shared.
The lawsuit was filed last week in Franklin County Common Pleas Court on behalf of the student.
The family attorney said distance learning will cause severe permanent damage to her educational, mental, and emotional well-being. They are suing the district for not giving the parents the option of in-class or virtual learning, instead the district is going 100% virtual.
ABC 6/FOX 28 asked the attorney if he believes the district is afraid of potential lawsuits from parents if their child gets COVID-19 while in class so the districted opted to go completely virtual to be extra cautious.
“Ohio revised code 27.44.02 has for many, many years granted a broad immunity to public school systems in the state of Ohio,” said Elliott. “You can’t sue them for things negligent acts that happen on school property so there really is no risk there in terms of liability.”
Elliott went on to say there is also a pending civil liability bill that will protect all schools from potential COVID-19 lawsuits and doesn't understand why the Upper Arlington City Schools will not give parents, again the option of in-class learning this fall.
The next hearing hasn't been set. ABC 6/FOX 28 is awaiting a response from the district.
