Court Rejects District’s Attempt to Dismiss Class Action Case
A federal judge in Las Vegas has decided that a major lawsuit against Clark County School District can keep going. The case involves twelve families who say the district failed to help their special needs children get the education they deserve under federal law.
On Thursday, U.S. District Court Judge rejected attempts by both the Clark County School District and Nevada Department of Education to throw out the lawsuit. This means the families can now move forward with their case.
What Parents Are Saying
Caitlin Werlinger is one of the parents fighting this battle. Her son has dyslexia and ADHD. She says the school district wouldn’t help them figure out what was wrong.
“We spent thousands of dollars out of pocket to get the diagnoses that he needed,” Werlinger explained. “The district was so unwilling to help us.”
She’s not alone. The lawsuit represents families whose children need special education services but aren’t getting them. What makes this case interesting is that these families aren’t asking for money. They want the schools to actually follow federal law and help their kids.
Werlinger said:
“I am so pleased with the ruling for today because it means that somebody finally listened.”
The Problems Schools Face
The lawyers handling this case say there are three main problems with how Clark County handles special education.
First, there simply aren’t enough people working in special education. Attorney Gregory Little says the district has “insufficient staff” to handle all the students who need help.
Second, many of the teachers and staff who are supposed to help these kids don’t have the right training. Hillary Freeman, another lawyer on the case, says “teachers are not getting trained in behavioral support” and some are “being placed in special education classes without the appropriate certifications or licenses.”
Third, there’s no real way to make sure schools are doing what they’re supposed to do. Little calls this “a glaring lack of accountability.”
Why This Matters to Conservatives
For conservatives who believe in limited government, this case raises important questions. On one hand, many conservatives prefer local control of schools and worry about federal interference. They often support school choice and think parents should have more options for their children’s education.
On the other hand, when government does take on a job, conservatives generally believe it should do that job well. Federal law requires schools to provide special education services. If schools take taxpayer money to provide these services, they should actually provide them.
The main argument for public school special education services is simple: many families can’t afford private help. As Werlinger’s story shows, getting a proper diagnosis can cost thousands of dollars. Most families don’t have that kind of money lying around.
Previous Cases Set Pattern
This isn’t the first time Clark County has gotten in trouble over special education. Back in 2021, a judge ordered the district to pay the Rogich family nearly half a million dollars. Their daughter with dyslexia didn’t get the help she needed either.
Lori Rogich, who won that case, is now one of the lawyers helping these twelve families. She knows firsthand how long these fights can take.
Rogich said:
“We kept going, even though she had long graduated from high school when the court finally ruled in her case.”
What Critics Might Say
School district officials would likely argue they’re doing their best with limited resources. Special education is expensive and requires specially trained staff. Finding and keeping qualified people is hard, especially in a large district like Clark County.
Some might also worry that lawsuits like this could force schools to spend money on legal fights instead of helping students.
What Happens Next
The lawyers want to get this case to trial as quickly as possible. If they win, it could affect more than 40,000 students with disabilities in Clark County schools.
Freeman says success might bring:
“stronger accountability measures, improved resources, and greater protections for students with disabilities.”
What Conservatives Can Do
Conservatives who care about this issue have several options. They can push for better oversight of how schools spend special education money. They can support school choice policies that give families more options. They can also demand that elected school board members take responsibility for following federal law.
As Werlinger puts it:
“I think all we’re doing is holding people accountable. We’re just asking them to do their jobs.”
Both the Clark County School District and Nevada Department of Education declined to comment, saying they don’t discuss ongoing lawsuits.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
