Native American Disability Law Center v. Leupp Schools Inc.
The Native American Disability Law Center (NADLC) has achieved a significant victory in the case of Native American Disability Law Center v. Leupp Schools Inc (LSI) – Individuals with Disabilities Education Act State Complaint (IDEA). Our relentless advocacy efforts have paid off, as the Bureau of Indian Education (BIE) has determined that LSI violated the rights of students with disabilities by failing to provide a free appropriate public education (FAPE) as mandated by the IDEA.
The journey towards this victory began on February 24, 2023, when the NADLC filed an organizational State Complaint against LSI. Our allegations covered a range of violations of the IDEA, including the failure to implement students' Individual Education Plans (IEPs), inadequate provision of special education and related services, and the failure to provide progress reports to parents. We also expressed concerns about LSI's actions in placing teachers and staff members on administrative leave for cooperating with our investigation.
Through our investigation, alarming facts about the school's practices came to light. Students were attending school only two days a week, with an option for virtual learning on Fridays due to staffing shortages. Middle and high school students received instruction solely in math and literacy due to these shortages. Some students spent their entire day in the same room or had unstructured days in the gym due to a lack of available teachers. Paraprofessionals were responsible for entire classrooms when teachers were absent, and IEPs were not amended to reflect changes in the school week, resulting in reduced service hours and a change in the location of services. Moreover, a paraprofessional assumed the role of a special education teacher without appropriate qualifications.
Among our additional concerns was the case of an eighth-grade student with an expired IEP who did not receive any special education services but was still counted as "IDEA eligible" on the caseload roster. Parental attempts to express concerns through emails were met with inadequate responses from the School Board and administration. Furthermore, our investigation revealed cases where unqualified individuals were hired as replacements for paraprofessionals, and teachers were suspended or placed on administrative leave, seemingly as retaliation for their involvement in the complaint.
Following a meticulous examination of the case, the BIE determined that LSI failed to provide students with a FAPE. The school's special education service delivery model violated the duty to provide services according to students' IEPs. LSI relied predominantly on paraprofessionals for designing and delivering special education services, disregarding the requirement for highly qualified special education teachers. Additionally, LSI failed to maintain IEP Progress Reports, denying parents their right to inspect and review essential records.
In response to these violations, the BIE has imposed a comprehensive Corrective Action Plan to rectify the shortcomings at LSI. The key elements of this plan include:
· Mandating 12 hours of Schoolwide staff training on the requirements of the IDEA and IEP conduct, to be conducted by an independent IDEA expert by September 1, 2023
· Prohibiting the placement of professional staff on administrative leave, recognizing the detrimental impact on staffing shortages and the denial of FAPE to students with disabilities.
· Ceasing the use of paraprofessionals for designing and providing special education instruction. The school must develop a written plan, guided by a highly qualified special education teacher, outlining the appropriate use of paraprofessionals and their assistance in delivering specially designed instruction.
· Providing up to 60 hours of additional education services (20 hours in math, reading, and written expression, respectively) to every student listed on the school's special education roster in the 2021-2022 and 2022-2023 school years.
· Notifying eligible families of LSI's noncompliance with IDEA requirements and offering makeup education services to students.
· Collaborating with families to determine the necessary services for students and outlining the school's plan for service provision by April 1, 2024.
We applaud the BIE for taking decisive action in rectifying the violations of students' rights at Leupp Schools Inc. This outcome represents a significant milestone in ensuring that all students, regardless of their disabilities, receive the appropriate education and support they are entitled to under the IDEA. At the NADLC, we remain committed to advocating for the rights of Native American students with disabilities and striving for equitable and inclusive education for all.
Thank you for your continued support and engagement with the Native American Disabilities Law Center. Together, we can advocate for the rights of Indigenous Natives with disabilities.