Case: D.C. v. Fairfax County School Board

1:22-cv-01070 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 21, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about allegations that the Virginia Department of Education (VDOE) and local school district practices systematically deprived special needs students of their rights under the U.S. Constitution and the Individuals with Disabilities Education Act (IDEA). On September 21, 2022, a cognitively disabled student by his parents and Hear Our Voices, Inc. filed a class action suit on behalf of themselves and all others similarly situated in the United States District Court for the Eastern…

This is a case about allegations that the Virginia Department of Education (VDOE) and local school district practices systematically deprived special needs students of their rights under the U.S. Constitution and the Individuals with Disabilities Education Act (IDEA). On September 21, 2022, a cognitively disabled student by his parents and Hear Our Voices, Inc. filed a class action suit on behalf of themselves and all others similarly situated in the United States District Court for the Eastern District of Virginia (Alexandria Division). The plaintiffs sued the Fairfax County School Board, the Superintendent of Fairfax County Public Schools (FCPS), VDOE, and the Superintendent of Public Instruction of the Virginia Department of Education under 42 U.S.C. § 1983, the Fourteenth Amendment, IDEA, and state laws.

Represented by Georgetown Law’s Civil Rights Clinic and private counsel, the plaintiffs sought class action certification, declaratory relief, reimbursement for the student’s stays at a residential education program and an adult group home, and attorneys’ fees. The plaintiffs also sought injunctive relief ordering the defendants to immediately implement procedures to ensure that VDOE and location education agencies provide fair due process hearings in front of knowledgeable and impartial hearing officers. The plaintiffs also sought an injunction requiring FCPS to hold an Individualized Education Program meeting to consider the student’s parents’ requested residential placement and other educational services, and if the parents are not satisfied with the IEP, to provide a fair hearing in front of an impartial hearing officer who is sufficiently knowledgeable to make an appropriate determination, based on the students’ specific disabilities. The plaintiffs claimed 83% of hearing officers had never ruled for a disabled child in a decade, and approximately two thirds of the hearing officers statewide had never ruled for a disabled child in twenty years.

The student plaintiff had profound disabilities and severe aggressive behavior and violence, resulting in multiple hospitalizations for himself and others. Experts agreed he required integrated residential and educational care, so his parents petitioned FCPS for a residential educational placement. FCPS refused. A social worker told his parents they would lose a due process hearing, and they did. His parents gathered data from Freedom of Information Act requests and learned parents and disabled students in Virginia almost always lose these hearings. The Virginia Department of Education certifies, trains, and pays the hearing officers who nearly always favor the school districts over the parents, contrary to the IDEA. The plaintiffs alleged due process and equal protection violations denying them education opportunities equal to non-disabled students and unbiased hearings and requested an injunction to bring Virginia into a compliance with federal law. The plaintiffs also alleged violations of state laws and of federal laws including failure to hold Individual Education Plan meetings, failure to provide a Free and Appropriate Public Education, and failure to Offer Appropriate Program and Placement. The lawsuit was assigned to District Judge Michael S. Nachmanoff.

On February 17, 2023, the defendants moved to dismiss the complaint for failure to state a claim and for lack of jurisdiction, with FCPS and VDOE each filing separate briefs. The court granted the motion to dismiss for lack of standing on July 25, 2023. In order to have standing to bring a claim in federal court, a plaintiff must satisfy the three prongs of the Lujan test: that they (1) suffered a concrete and particularized injury, that (2) is fairly traceable to the challenged conduct, and (3) is likely to be redressed by a favorable decision. The court ruled that the individual plaintiffs did satisfy the Lujan test, but they had not exhausted their administrative remedies as required to bring a claim under the IDEA. While some Circuit Courts had lowered the exhaustion standard for plaintiffs bringing systematic claims, the Fourth Circuit had not, and therefore the district court was bound to dismiss the claim. The court also noted that one of the named plaintiffs had a substantially similar suit pending in the same court, and they dismissed their portion of the complaint as duplicative litigation. 2023 WL 4765583.

The court also dismissed the complaint as to Hear Our Voices, holding it did not have standing to bring the case on behalf of its members because of similar exhaustion concerns as the individual plaintiffs. The court also held that the organization did not have standing in its own right because the injury it alleged was that the State’s enforcement scheme forced the organization to allocate funds to advocate on behalf of these families. The court reasoned that such a standard would effectively confer standing to any advocacy group to challenge any law it disagreed with. 2023 WL 4765583.

On August 16, 2023, the plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the Fourth Circuit. In their opening brief, filed on September 25, 2023, the plaintiff-appellants argued that the district court erred in dismissing their case for lack of standing. They argued that they should not have to exhaust their administrative remedies because the IDEA does not provide an administrative remedy for the systematic injuries they were alleging and therefore exhausting their administrative remedies would be futile as a matter of law. They also argued that, as a factual matter, the administrative officials responsible for dispensing administrative relief could not do so because of conflicts of interest. They also argued that, because they were proceeding as a class, they had vicariously satisfied the administrative exhaustion requirement because one of the named plaintiffs did exhaust their administrative remedies. Finally, the plaintiffs argued that the district court had improperly applied the principle of res judicata in its determination that one of the plaintiffs’ claims was duplicative.

As of November 17, 2023, the case was ongoing. 

Summary Authors

Zoe Van Dyke (12/20/2022)

Terry Howard (11/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65365111/parties/dc-by-his-parents-and-guardians-trevor-chaplick-and-vivian-chaplick-v/


Judge(s)
Attorney for Plaintiff

Adamson, Michael Brent (Virginia)

Collings, Scarlett (Virginia)

Attorney for Defendant

Burke, Jeanne-Marie Sidonie (Virginia)

Esq., Julia Bougie

Esq., Jackie Lynn

show all people

Documents in the Clearinghouse

Document
1

1:22-cv-01070

Plaintiff's Original Class Action Complaint for Declaratory and Injunctive Relief and Damages

D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick v. Fairfax County School Board

Sept. 21, 2022

Sept. 21, 2022

Complaint

1:22-cv-01070

Fairfax County Public Schools: Special Education Comprehensive Program Review Year 2 Final Report

Sept. 30, 2022

Sept. 30, 2022

Monitor/Expert/Receiver Report
90

1:22-cv-01070

Memorandum Opinion and Order

July 25, 2023

July 25, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65365111/dc-by-his-parents-and-guardians-trevor-chaplick-and-vivian-chaplick-v/

Last updated March 1, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Plaintiffs' Original Class Action Complaint for Declaratory and Injunctive Relief and Damages ( Filing fee $ 402, receipt number AVAEDC-8579266.), filed by Vivian Chaplick, Trevor Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

Clearinghouse
2

Civil Cover Sheet re 1 Complaint, by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
3

MOTION to Seal the Administrative Record and Proceed Anonymously by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Attachments: # 1 Proposed Order)(Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
4

Memorandum in Support re 3 MOTION to Seal the Administrative Record and Proceed Anonymously filed by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
5

Sealed Attachment/Exhibit(s) re 4 Memorandum in Support,. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER

Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge Ivan D. Davis. (swil)

Sept. 21, 2022

Sept. 21, 2022

PACER
6

Notice of Filing Sealing Motion LCvR5(C) by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc. re 5 Sealed Attachment/Exhibit(s), 3 MOTION to Seal the Administrative Record and Proceed Anonymously, 4 Memorandum in Support, (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
7

NOTICE by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc. re 3 MOTION to Seal the Administrative Record and Proceed Anonymously of Waiver of Oral Argument (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
8

Financial Interest Disclosure Statement (Local Rule 7.1) by Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
9

Proposed Summons to Fairfax County School Board by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
10

Proposed Summons to Jillian Balow, Superintendent of Public Instruction of Virginia by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
11

Proposed Summons to Dr. Michelle Reid, Superintendent, Fairfax County Public Schools by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
12

Proposed Summons to Virginia Department of Education by Trevor Chaplick, Vivian Chaplick, D.C., by his parents and guardians, Trevor Chaplick and Vivian Chaplick, Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
13

Summons Issued as to Jillian Balow, Fairfax County School Board, Michelle Reid, Virginia Department Of Education, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Summons Notice)(swil) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
14

Motion to appear Pro Hac Vice by William R. H. Merrill and Certification of Local Counsel R. Braxton Hill, IV Filing fee $ 75, receipt number AVAEDC-8585398. by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/25/2022)

Sept. 25, 2022

Sept. 25, 2022

PACER
15

Motion to appear Pro Hac Vice by Michael B. Adamson and Certification of Local Counsel R. Braxton Hill, IV Filing fee $ 75, receipt number AVAEDC-8585399. by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 09/25/2022)

Sept. 25, 2022

Sept. 25, 2022

PACER
16

ORDER granting 15 Motion for Pro hac vice Appointed Michael Brent Adamson for Trevor Chaplick, Michael Brent Adamson for Vivian Chaplick,Michael Brent Adamson for D.C.,Michael Brent Adamson for Hear Our Voices, Inc. Signed by District Judge Michael S Nachmanoff on 9/28/2022. (nneb) (Entered: 09/29/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
17

ORDER granting 14 Motion for Pro hac vice Appointed William R. H. Merrill for Trevor Chaplick, William R. H. Merrill for Vivian Chaplick, William R. H. Merrill for D.C., William R. H. Merrill for Hear Our Voices, Inc. Signed by District Judge Michael S Nachmanoff on 9/28/2022. (nneb) (Entered: 09/29/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
18

NOTICE of Appearance by Julia Bougie Judkins on behalf of Fairfax County School Board, Michelle Reid (Judkins, Julia) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
19

Financial Interest Disclosure Statement (Local Rule 7.1) by Fairfax County School Board, Michelle Reid. (Judkins, Julia) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
20

WAIVER OF SERVICE Returned Executed by Fairfax County School Board. Fairfax County School Board waiver sent on 10/6/2022, answer due 12/5/2022. (Judkins, Julia) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
21

WAIVER OF SERVICE Returned Executed by Michelle Reid. Michelle Reid waiver sent on 10/5/2022, answer due 12/5/2022. (Judkins, Julia) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
22

NOTICE of Appearance by Jeanne-Marie Sidonie Raymond Burke on behalf of Fairfax County School Board, Michelle Reid (Burke, Jeanne-Marie) (Entered: 10/06/2022)

Oct. 6, 2022

Oct. 6, 2022

PACER
23

WAIVER OF SERVICE Returned Executed by Vivian Chaplick, Trevor Chaplick, D.C., Hear Our Voices, Inc.. Jillian Balow waiver sent on 10/5/2022, answer due 12/5/2022. (Hill, Rowland) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
24

WAIVER OF SERVICE Returned Executed by Vivian Chaplick, Trevor Chaplick, D.C., Hear Our Voices, Inc.. Virginia Department Of Education waiver sent on 10/5/2022, answer due 12/5/2022. (Hill, Rowland) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
25

Consent MOTION for Extension of Time to Respond to Complaint by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Attachments: # 1 Proposed Order)(Hill, Rowland) Modified on 11/1/2022 (lcre, ). (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
26

NOTICE by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc. re 25 Consent MOTION for Extension of Time to Respond to Complaint - Consent Notice of Waiver of Hearing (Hill, Rowland) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
27

Consent MOTION to Set Briefing Schedule by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Attachments: # 1 Proposed Order)(Hill, Rowland) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
28

NOTICE by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc. re 27 Consent MOTION to Set Briefing Schedule - Consent Notice of Waiver of Hearing (Hill, Rowland) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
29

NOTICE of Appearance by Amy Elizabeth Hensley on behalf of Jillian Balow, Virginia Department Of Education (Hensley, Amy) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
30

ORDER granting 27 Motion. Signed by District Judge Michael S Nachmanoff on 10/13/2022. (lcre, ) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
31

Motion to appear Pro Hac Vice by Scarlett Collings and Certification of Local Counsel R. Braxton Hill, IV Filing fee $ 75, receipt number AVAEDC-8612822. by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
32

ORDER granting 31 Motion for Pro hac vice Appointed Scarlett Collings for Trevor Chaplick, Scarlett Collings for Vivian Chaplick. (Entered: 11/15/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
33

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Fairfax County School Board, Michelle Reid. (Attachments: # 1 Proposed Order re Motion to Dismiss)(Judkins, Julia) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
34

Memorandum in Support re 33 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Fairfax County School Board, Michelle Reid. (Judkins, Julia) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
35

Notice of Hearing Date set for 03/10/2023 re 34 Memorandum in Support, 33 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Judkins, Julia) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
36

MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) by Jillian Balow, Virginia Department Of Education. (Hensley, Amy) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
37

Memorandum in Support re 36 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) filed by Jillian Balow, Virginia Department Of Education. (Hensley, Amy) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
38

Notice of Hearing Date re 36 MOTION to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) (Hensley, Amy) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER

Set Deadlines as to 33 MOTION to Dismiss for Failure to State a Claim, 36 MOTION to Dismiss. Motion Hearing set for 3/10/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (jlan)

Dec. 19, 2022

Dec. 19, 2022

PACER
39

Consent MOTION Set Time for Filing Amended Complaint, Rule 12 Motions, and Related Briefs and Memorandum in Support by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Attachments: # 1 Proposed Order)(Hill, Rowland) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

PACER
40

NOTICE by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc. re 39 Consent MOTION Set Time for Filing Amended Complaint, Rule 12 Motions, and Related Briefs and Memorandum in Support - Waiver of Oral Argument (Hill, Rowland) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

PACER
41

ORDER granting 39 Consent Motion Set Time for Filing Amended Complaint, Rule 12 Motions, and Related Briefs and Memorandum in Support (see Order for details). Signed by Magistrate Judge Ivan D. Davis on 1/6/2023. (swil) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
42

Motion to appear Pro Hac Vice by Justin C. Kenney and Certification of Local Counsel R. Braxton Hill, IV Filing fee $ 75, receipt number AVAEDC-8761867. by Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc.. (Hill, Rowland) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER
43

AMENDED COMPLAINT against All Defendants, filed by Vivian Chaplick, Trevor Chaplick, D.C., Hear Our Voices, Inc., JAMES BINGHAM, M.B., SHEILA BINGHAM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hill, Rowland) (Entered: 01/20/2023)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

Jan. 20, 2023

Jan. 20, 2023

RECAP
44

MOTION to Seal by JAMES BINGHAM, SHEILA BINGHAM, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Attachments: # 1 Proposed Order)(Hill, Rowland) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
45

Memorandum in Support re 44 MOTION to Seal the Administrative Record and Proceed Anonymously filed by JAMES BINGHAM, SHEILA BINGHAM, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
46

Sealed Attachment/Exhibit(s) re 45 Memorandum in Support. (Hill, Rowland) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
47

NOTICE by JAMES BINGHAM, SHEILA BINGHAM, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B. re 43 Amended Complaint, Certificate of Service (Hill, Rowland) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
48

Notice of Filing Sealing Motion LCvR5(C) by JAMES BINGHAM, SHEILA BINGHAM, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B. re 46 Sealed Attachment/Exhibit(s), 44 MOTION to Seal, 45 Memorandum in Support (Hill, Rowland) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
49

NOTICE by JAMES BINGHAM, SHEILA BINGHAM, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B. re 44 MOTION to Seal (Hill, Rowland) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

PACER
50

ORDER granting 42 Motion for Pro hac vice Appointed Justin C. Kenney for James Bingham,Justin C. Kenney for Sheila Bingham,Justin C. Kenney for Trevor Chaplick,Justin C. Kenney for Vivian Chaplick,Justin C. Kenney for D.C.,Justin C. Kenney for Hear Our Voices, Inc.,Justin C. Kenney for M.B. Signed by District Judge Michael S Nachmanoff on 1/23/2023. (swil) (Entered: 01/24/2023)

Jan. 23, 2023

Jan. 23, 2023

PACER
51

MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint by Fairfax County School Board, Michelle Reid. (Attachments: # 1 Proposed Order re FCSB Defs Motion to Dismiss First Amended Complaint)(Judkins, Julia) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
52

Memorandum in Support re 51 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint filed by Fairfax County School Board, Michelle Reid. (Judkins, Julia) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
53

Notice of Hearing Date for Argument set for March 25, 2023 re 52 Memorandum in Support, 51 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint (Judkins, Julia) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
54

Notice of Hearing Date AMENDED set for March 24, 2023 re 52 Memorandum in Support, 51 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint (Judkins, Julia) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
55

NOTICE of Appearance by Jackie White, II on behalf of Jillian Balow, Virginia Department Of Education (White, Jackie) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
56

NOTICE of Appearance by Farnaz Farkish Thompson on behalf of Jillian Balow, Virginia Department Of Education (Thompson, Farnaz) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
57

NOTICE of Appearance by Brian David Schmalzbach on behalf of Jillian Balow, Virginia Department Of Education (Schmalzbach, Brian) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
58

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Jillian Balow, Virginia Department Of Education. (Attachments: # 1 Proposed Order Proposed Order)(White, Jackie) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
59

Memorandum in Support re 58 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Jillian Balow, Virginia Department Of Education. (White, Jackie) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
60

Notice of Hearing Date set for 3/24/2023 re 59 Memorandum in Support, 58 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (White, Jackie) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER

Set Deadlines as to 58 MOTION to Dismiss and 51 MOTION to Dismiss. Motion Hearing set for 3/24/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (jlan)

Feb. 21, 2023

Feb. 21, 2023

PACER
61

MOTION for Leave to File Excess Pages by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Attachments: # 1 Proposed Order)(Hill, Rowland) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
62

Waiver of re 61 MOTION for Leave to File Excess Pages by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B. (Hill, Rowland) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER
63

MOTION for Electronic Device Application, Motion for use of Courtroom Technology at March 24, 2023 Hearing by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

PACER
64

ORDERED that Motion For Leave to Exceed the Page Limit (Dkt. No. 61) is GRANTED. In lieu of filing two separate briefs, Plaintiffs may file a single, consolidated opposition brief that addresses the arguments raised in Defendants' Motions to Dismiss (Dkt. Nos. 51, 58). That brief may not exceed fifty (50) pages, exclusive of affidavits and supporting documentation. Signed by District Judge Michael S Nachmanoff on 2/28/2023. (swil) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER

***Motion Hearing terminated per DW in MSN chambers. (swil)

Feb. 28, 2023

Feb. 28, 2023

PACER
65

Opposition to 58 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, 51 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint filed by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
66

Consent MOTION to Continue Hearing on Rule 12 Motions by Jillian Balow, Virginia Department Of Education. (Attachments: # 1 Proposed Order Proposed Order)(White, Jackie) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
67

Waiver of re 66 Consent MOTION to Continue Hearing on Rule 12 Motions by Jillian Balow, Virginia Department Of Education (White, Jackie) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
68

REPLY to Response to Motion re 51 MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint filed by Fairfax County School Board, Michelle Reid. (Judkins, Julia) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
69

REPLY to Response to Motion re 58 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint filed by Jillian Balow, Virginia Department Of Education. (Attachments: # 1 Exhibit Exhibit A)(White, Jackie) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
70

ORDERED that the Motion re 66 is GRANTED. ORDERED that the parties shall appear before the Court for a motions hearing at 2:00 p.m. on Thursday, May 4, 2023, and the deadline in the Courts prior order granting Consent Motion to Set Time for Filing Amended Complaint, Rule 12 Motions, and Related Briefs (Dkt. No. 41 ) is hereby VACATED. Motion Hearing reset for 5/4/2023 at 02:00 PM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Signed by District Judge Michael S Nachmanoff on 3/20/2023. (lcre, ) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER
71

MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Hill, Rowland) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
72

Memorandum in Support re 71 MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss filed by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
73

Waiver of re 71 MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss by Hear Our Voices, Inc., M.B. (Hill, Rowland) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
74

MOTION to Withdraw as Attorney Justin C. Kenney by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Attachments: # 1 Proposed Order)(Hill, Rowland) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
75

RESPONSE in Opposition re 71 MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss filed by Jillian Balow, Virginia Department Of Education. (Thompson, Farnaz) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
76

Amended MOTION for Electronic Device Application (Replacing Docket Entry 63) by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
77

ORDERED that the Motion is GRANTED. Justin C. Kenney's appearance is withdrawn in re 74 Motion to Withdraw as Attorney. Signed by Magistrate Judge Ivan D. Davis on 4/19/2023. (swil) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
78

REPLY to Response to Motion re 71 MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss filed by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
79

MOTION for Electronic Device Application by Jillian Balow, Virginia Department Of Education. (White, Jackie) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
80

MOTION for Electronic Device Application by Jillian Balow, Virginia Department Of Education. (Thompson, Farnaz) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
81

MOTION to Substitute Party by Jillian Balow, Virginia Department Of Education. (White, Jackie) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
82

RESPONSE in Opposition re 71 MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss filed by Fairfax County School Board, Michelle Reid. (Judkins, Julia) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
83

ORDERED that the Motion is GRANTED. Pursuant to Fed. R. Civ. P. 25(d), the Clerk is directed to substitute Defendant Jillian Balow with Lisa Coons, the current Secretary of Public Instruction in re 81 Motion to Substitute Party. Signed by Magistrate Judge Ivan D. Davis on 4/27/2023. (swil) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
84

REPLY to Response to Motion re 71 MOTION for Leave to File Notice of Supplemental Authority in Further Opposition to Defs' Mtn to Dismiss filed by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. (Hill, Rowland) (Entered: 05/01/2023)

May 1, 2023

May 1, 2023

PACER
85

ORDER granting 63 Motion for Electronic Device Application; granting 63 Motion for use of courtroom technology. Signed by District Judge Michael S Nachmanoff on 5/1/2023. (swil) (Entered: 05/02/2023)

May 1, 2023

May 1, 2023

PACER
86

ORDER granting 79 Motion for Electronic Device Application. Signed by District Judge Michael S Nachmanoff on 5/1/2023. (swil) (Entered: 05/02/2023)

May 1, 2023

May 1, 2023

PACER
87

ORDER granting 80 Motion for Electronic Device Application. Signed by District Judge Michael S Nachmanoff on 5/1/2023. (swil) (Entered: 05/02/2023)

May 1, 2023

May 1, 2023

PACER
88

Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Motion Hearing held on 5/4/2023. Appearances of counsel. MOTION to Dismiss for Lack of Jurisdiction /MOTION to Dismiss for Failure to State a Claim re 58 andMOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' First Amended Complaint re 51 argued and TAKEN UNDER ADVISEMENT. Order to follow. (Court Reporter D. Salters.)(lcre, ) (Entered: 05/05/2023)

May 4, 2023

May 4, 2023

PACER
89

TRANSCRIPT of motion proceedings held on 5-4-23, before Judge Michael Nachmanoff, Court Reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/12/2023. Redacted Transcript Deadline set for 7/11/2023. Release of Transcript Restriction set for 8/9/2023.(Salters, Diane) (Entered: 05/11/2023)

May 11, 2023

May 11, 2023

PACER
90

MEMORANDUM OPINION and ORDER that Plaintiffs' Motion for Leave to File Supplemental Authority (Dkt. No. 71) is GRANTED; it is further ORDERED that Fairfax County School Board's Motion to Dismiss (Dkt. No. 51) is GRANTED; and it is further ORDERED that Virginia Department of Education's Motion to Dismiss (Dkt. No. 58) is GRANTED (see Order for further details). Signed by District Judge Michael S Nachmanoff on 7/25/2025. (swil) (Entered: 07/26/2023)

July 25, 2023

July 25, 2023

Clearinghouse
91

MOTION Clarify July 25, 2023 Memorandum Opinion and Order re 90 Memorandum Opinion,, Order, by Lisa Coons, Virginia Department Of Education. (White, Jackie) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER

Notice of Correction re 91 MOTION Clarify July 25, 2023 Memorandum Opinion and Order re 90 Memorandum Opinion,, Order. The filing user has been notified to file a Notice of Hearing or Notice of Waiver of Oral Argument (swil)

July 31, 2023

July 31, 2023

PACER
92

Waiver of re 91 MOTION Clarify July 25, 2023 Memorandum Opinion and Order re 90 Memorandum Opinion,, Order, by Lisa Coons, Virginia Department Of Education (White, Jackie) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
93

ORDERED that the Motion to Seal Administrative Record and Proceed Anonymously is GRANTED; and it is ORDERED that the administrative record in this matter shall be placed under permanent seal; and it is FURTHER ORDERED, that the parties shall refer to the student-plaintiffs using initials only in all filings; and it is FURTHER ORDERED that the parties shall redact the parents' addresses from all filings in re 44 MOTION to Seal (see Order for further details). Signed by District Judge Michael S Nachmanoff on 8/1/2023. (Dest, ) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
94

ORDERED that Defendants' Motion to Clarify (Dkt. No. 91) is GRANTED; and it is further ORDERED that the Court's Memorandum Opinion and Order (Dkt. No. 90) is MODIFIED in accordance with this Order (see Order for further details). Signed by District Judge Michael S Nachmanoff on 8/1/2023. (Dest) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
95

NOTICE OF APPEAL as to 94 Order on Motion for Miscellaneous Relief, 90 Memorandum Opinion,, Order, by James Bingham, Sheila Bingham, Trevor Chaplick, Vivian Chaplick, D.C., Hear Our Voices, Inc., M.B.. Filing fee $ 505, receipt number AVAEDC-9074614. (Hill, Rowland) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Disability Rights

Education

Child Welfare

Key Dates

Filing Date: Sept. 21, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An educationally disabled student by his parents, his parents, and Hear Our Voices, Inc, and a class of all disabled students and their parents involved in a special education due process proceeding between January 1, 2010 and September 21, 2022.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Fairfax County School Board (Falls Church, Fairfax), School District

Superintendent of Fairfax County Public Schools (Falls Church, Fairfax), School District

Virginia Department of Education, State

Superintendent of Public Instruction of Virginia Department of Education, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Classification / placement

Education

Individualized planning

Juveniles

Pattern or Practice

School/University policies

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Disability and Disability Rights:

Special education

Mental impairment

Autism

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Self-injurious behaviors