A judge ruled last week that a Colorado Springs area school district violated federal law by denying care for a special needs child.
The Academy 20 district has violated special education rights three times already this year, according to the Colorado Department of Education.
The family’s attorney Igor Raykin said it’s only the second case since 2018 in which an administrative court judge has ruled in favor of families over a school district.
But he alleges that the problems with meeting the needs of special education students are so pervasive in Academy 20, his firm is likely to file a complaint with the U.S. Office for Civil Rights, which he believes would be a more effective way to deal with an “institutional pattern of discrimination against disabled kids.”
“At this point, given the rampant issues at (district) 20, we would like to see a federal investigation.”
The complaint filed in March describes a child, referred to in court documents as V.B., who has spina bifida and multiple other disabilities that result in paralysis, including vocal cord paralysis and requires a tracheostomy tube and feed tube. She has a heightened susceptibility to respiratory infections and depends on assistance with all activities of daily living.
Throughout her life, the child has been frequently hospitalized.
When the family lived in California, the school district provided homebound education and one-on-one tutoring for V.B. After the family moved to Colorado for medical care, Colorado Springs School District 11 brought the child to school for one-on-one sessions in a separate classroom.
But when the family found permanent housing in the Academy 20 district, that district denied similar services and said the child could be educated at school in a special education classroom with other children.
The father, Ronnie Broyles, testified during a June hearing that the school’s principal “told them that either (the child) would have to be in school all day or she would get no services.”
Dr. Belinda Lujan-Lindsey, executive director of special education at Academy 20, testified that she believed 19 hours a week of in-school services was appropriate for the child despite the individual education plan finding that the child could only tolerate about an hour at a time of special education services.
She testified that none of Academy 20’s 2,700 special education students are on a homebound placement. She also said the goal of the federal Individuals with Disabilities Education Act is inclusion and having students with disabilities interact with their nondisabled peers.
Administrative Law Judge Lilleth Cole ruled that the district never seriously considered homebound placement for the child and did not seek to work collaboratively with the Broyles, which is required under federal law.
“The District is not bound to accept parents’ opinion about placement,” she wrote. “They are also not bound to adopt or continue prior placement decisions. They are, however, required to actually consider them.”
Cole ruled that the child is entitled to equitable relief and future services in a homebound placement. Raykin said that means the child must receive an education at home.
In a statement, the district said it's committed to complying with the judge's order and federal law.
“We are currently in the process of reviewing the decision and considering next steps,” it said. “We remain committed to providing the necessary services and support to meet the unique needs of every student in our district.”
Raykin said he has more complaints filed against Academy 20 than any other school district even though it is much smaller than Denver Public Schools or Jefferson County school district.
“With respect to special ed, I find them to be easily the most outright hostile to special needs kids,” he said.
Earlier this year, the state found that the district violated state and federal education laws by failing to implement several student’s special education plans. The investigations were based on four complaints filed in 2023, and more complaints are pending.
The state ordered the district to complete a corrective action plan but acknowledged that shortages in special education staff were a primary reason for the violations, resulting in children regressing academically and behaviorally.
Critical staff shortages among special education teachers and classroom aides are a statewide problem.
