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Success Stories

Real results for DC families fighting for their children's educational rights

The following case studies demonstrate how we effectively advocate for students with special needs in Washington, DC. Client identities have been protected, but the outcomes are real.

1

Rapid Return to School

Client

Male, special-needs first-grade student enrolled in regular classes at public charter school

Situation

A first-grade student suspected of having a disability and attending a charter school was advised by the school that he could not return because of his behavior. The parent was devastated and unsure of what to do next.

The school's action was potentially illegal—special education students (and students suspected of having disabilities) cannot simply be excluded from school due to behavior without proper procedures.

What We Did

Donovan Anderson wrote a letter to the Principal of the charter school and the school's attorney, clearly outlining:

  • The child's right to a free appropriate public education
  • The school's obligations under IDEA and Section 504
  • The requirement to evaluate the child for special education eligibility
  • The improper nature of excluding the student without due process

Resolution

Within the same day, Donovan Anderson received a response from the school's attorney allowing the student to return to school the following day. The school also agreed to initiate the evaluation process to determine if the child was eligible for special education services.

Impact: The child's education was not interrupted, and the family gained access to the evaluation and services the student needed.

2

Expulsion Overturned

Client

Male, high school student in special education classes at public school (DCPS)

Situation

The student was expelled from DCPS for behavioral infractions. The family faced a devastating situation—their son, who was already struggling academically due to his disability, would now be completely out of school for an extended period.

The parent retained the services of Donovan Anderson to fight the expulsion.

What We Did

We immediately reviewed the student's records and the school's disciplinary procedures. Our advocacy focused on:

  • Demonstrating that the behavior was related to the student's disability
  • Highlighting procedural violations in the disciplinary process
  • Arguing that expulsion would deny the student FAPE
  • Negotiating a more appropriate disciplinary response

Resolution

Mr. Anderson was able to have the suspension reduced to 10 days, and the student was allowed to return to school with appropriate behavioral supports in place.

Important Legal Principle

Special education protections: Generally, a special education student can only be suspended for 10 school days per year. Exceptions exist only if the student:

  • Carries a weapon to school
  • Is caught with drugs at school or a school-related event
  • Inflicts serious bodily injury upon another person while at school or at a school function

Even in these cases, the student can be sent to an alternative placement, but the student's IEP must continue to be implemented. In short, except for those 10 school days per year, the special education student's IEP must be implemented at all times.

Impact: The student continued his education without a lengthy interruption and received the behavioral supports needed to succeed.

3

Inappropriate Counseling to Withdraw

Client

Male, 19-year-old autistic student with disability enrolled in public school

Situation

The guardian of a 19-year-old autistic student was counseled by school staff to withdraw the student from school. The staff suggested the student was "too old" and should leave the system.

This was incorrect and illegal. Legally, students who are already identified as special education students are allowed to stay in school through their twenty-first birthday to complete their studies.

Following the school's advice, the guardian withdrew the student. When she later attempted to re-enroll the student back in school, the school refused to enroll the student.

What We Did

Phase 1: Re-enrollment

Donovan Anderson wrote a letter to the school's principal outlining the student's legal right to remain in school until age 21. The student was immediately allowed to re-enroll back in school.

Phase 2: Appropriate Programming

After the student returned to school, it became clear that the school's autism program was not appropriate for the student's needs. The firm subsequently filed a complaint against the school documenting:

  • The inadequacy of the autism program
  • The school's failure to provide FAPE
  • The need for a specialized placement
  • The improper counseling to withdraw that violated the student's rights

Resolution

DCPS agreed to settle the case and placed the student in a private program specifically designed for students with autism. The specialized program provided:

  • Small class sizes with trained staff
  • Individualized autism-specific instruction
  • Appropriate therapeutic supports
  • Transition planning to help the student prepare for life after school

Impact: The student gained access to an appropriate education in a setting designed to meet his unique needs, and continued his education instead of being improperly pushed out of the system.

What These Cases Demonstrate

Know Your Rights

Schools sometimes make mistakes or give incorrect advice. Knowing your legal rights—or having an attorney who does—can make all the difference.

Act Quickly

In many cases, swift legal action can resolve problems before they escalate. A well-written letter or phone call can sometimes solve issues that families have been struggling with for months.

Documentation Matters

Clear documentation of violations, needs, and rights is essential. We know what evidence hearing officers and schools need to see.

Persistence Pays Off

Sometimes the first attempt at resolution doesn't work. Being willing to escalate—from letters to mediation to hearings—shows schools you're serious.

Settlements Are Possible

Many cases settle before reaching a full hearing. Schools often prefer to settle when they realize the parent has strong legal representation.

Advocacy Works

With the right legal support, families can secure the services and placements their children need to succeed.

Could Your Child Benefit from Our Advocacy?

If your child's educational needs aren't being met, we can help you explore your options and fight for their rights.

Request a Consultation

Or call (202) 610-1400 to discuss your situation