How many DCPS parents might be willing to file a lawsuit against DCPS to ensure fall reopening?

[Anonymous]

Anonymous wrote:I understand everyone frustrations. I get it. As a healthcare worker when you see children dying from this as young as 2 months old you all need to take this Shkt seriously. Yes you can send your child to school but they can be asymptomatic and come home and spread it to you, the parents, which put more strain on healthcare workers. Stop whining about allowing your children to get back to school. Understand there is NEVER going to be a normal. The cases are rising and believe it or not trust what I say kids, toddlers and teens are dying from this and they have no underlying health condition. I don’t want to have to see another healthcare worker quarantine themselves to avoid not coming home infecting their families staying away for 2 weeks or seeing coworkers who have passed away from this disease working with COVID patients. I want my son to to attend school again and he definitely does also because he feels he can learn more but not at the risk of killing his dad because of his underlying health conditions. It’s just not safe, furthermore I see children not wearing masks along with their parents!!
Last thing don’t blame the mayor she is taking precautions as she should. If you want to blame someone. I’ll leave politics out of this. She is not to blame she is doing what a parent and mayor should do for her community so if you guys want to leave DCPS good!!!

I am a healthcare worker and know a ton of other healthcare workers involved in all aspects of medicine and Covid patient care. Not one of use remotely agrees with you. You are entitled to your opinion, but trying to lay guilt on parents who want their children to be in school is not cool.

[Anonymous]

I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

[Anonymous]

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

Do the entire city a favor and sue. Someone needs to do it. Most schools everywhere else are back to five days of IPL.

[Anonymous]

Nope. Stomping your feet in the slow halls of justice will get you nowhere.

[Anonymous]

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

You have a better chance of being sanctioned for filing a frivolous lawsuit than you do prevailing, and I say this as someone who supports schools opening.

[Anonymous]

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

The best case scenario for Term 4 wouldn't include 5 full days per week. Due to DC Dept of Health cohort restrictions, specials etc still need to be virtual, so the teachers can't get their contracted planning hours anytime other than Wednesdays (or possibly shortening each weekday) because they have to watch the students (no sending them off to specials classes).

Please do this and I'll bake you an amazing treat or drop off homemade dinner for your family once per month for a full year. I'm a good cook.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

You have a better chance of being sanctioned for filing a frivolous lawsuit than you do prevailing, and I say this as someone who supports schools opening.

That's obviously not true. Quite a few parents' lawsuits have been successful.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

The best case scenario for Term 4 wouldn't include 5 full days per week. Due to DC Dept of Health cohort restrictions, specials etc still need to be virtual, so the teachers can't get their contracted planning hours anytime other than Wednesdays (or possibly shortening each weekday) because they have to watch the students (no sending them off to specials classes).

Please do this and I'll bake you an amazing treat or drop off homemade dinner for your family once per month for a full year. I'm a good cook.

You are an attorney who has experience suing school districts? Batting my eyes, tell me more about your successes wining a suit that deals with the public health of children and their families.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

You have a better chance of being sanctioned for filing a frivolous lawsuit than you do prevailing, and I say this as someone who supports schools opening.

That's obviously not true. Quite a few parents' lawsuits have been successful.

Care to share a link discussing any of them?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

You have a better chance of being sanctioned for filing a frivolous lawsuit than you do prevailing, and I say this as someone who supports schools opening.

That's obviously not true. Quite a few parents' lawsuits have been successful.

Care to share a link discussing any of them?

Attorney here, again, responding to some of the comments. First the argument that DCPS schools should be open for full-day, in-person learning is fairly strong. Both federal constitution and DC law. My kids are elementary so recent changes (lifting cohort caps, reducing social distancing) mean continued limitations of in-person are not narrowly tailored to any government interest nor are they even supported by a rational basis. Second, there have been several lawsuits filed elsewhere, including at least three in NJ federal court and several in California state court. Most of these are in their early stages. Plaintiffs in one case obtained a TRO against a San Diego area public schools system. There may be other parent successes but I am still looking into this. Third, this is not a frivolous lawsuit, not even close. Again, the legal basis is strong. And even if not successful in the very near term, any litigation will act to pressure the mayor and DCPS to reopen fully for the fall.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I'm an attorney and a DCPS parent and have been considering filing suit for the last couple weeks. I even drafted a complaint. Goal would be to obtain a court order for full-day, in person learning for all that want it beginning with the start of Term 4 on April 19th. I'm waiting to hear what my kids' school says about Term 4. I would love for this to be mooted by school re-opening but not optimistic this will happen.

You have a better chance of being sanctioned for filing a frivolous lawsuit than you do prevailing, and I say this as someone who supports schools opening.

That's obviously not true. Quite a few parents' lawsuits have been successful.

Care to share a link discussing any of them?

Attorney here, again, responding to some of the comments. First the argument that DCPS schools should be open for full-day, in-person learning is fairly strong. Both federal constitution and DC law. My kids are elementary so recent changes (lifting cohort caps, reducing social distancing) mean continued limitations of in-person are not narrowly tailored to any government interest nor are they even supported by a rational basis. Second, there have been several lawsuits filed elsewhere, including at least three in NJ federal court and several in California state court. Most of these are in their early stages. Plaintiffs in one case obtained a TRO against a San Diego area public schools system. There may be other parent successes but I am still looking into this. Third, this is not a frivolous lawsuit, not even close. Again, the legal basis is strong. And even if not successful in the very near term, any litigation will act to pressure the mayor and DCPS to reopen fully for the fall.

To be clear, I haven't decided whether to file a lawsuit. Still investigating and I want to hear what my kids' school says this week both about Term 4 and the fall. However one takeaway from other cases is that these tend to read stronger with multiple plaintiffs, representing kids in various age cohorts -- elementary, middle school, high school. If there are others in this forum interested in talking more about this, please reach out: [e-mail]. I should add that these postings are not attorney advertising. I am not seeking any financial benefit from this unfortunate effort and do not intend to seek damages or monetary relief. Also nothing in these postings should be regarded as attorney advice. Thanks!

[Anonymous]

OP here. Here's a partial thread with links to some cases around the country. There are many others.

https://mobile.twitter.com/VPrasadMDMPH/status/1374775158112612355

The NJ case is summarized here:

https://www.wsj.com/articles/new-jersey-parents-sue-to-reopen-schools-after-covid-19-closures-11616857201

[Anonymous]

Anonymous wrote:OP here. Here's a partial thread with links to some cases around the country. There are many others.

https://mobile.twitter.com/VPrasadMDMPH/status/1374775158112612355

The NJ case is summarized here:

https://www.wsj.com/articles/new-jersey-parents-sue-to-reopen-schools-after-covid-19-closures-11616857201

filing a suit is different than getting your kid back in person you know

the laws require equal access and that is what you have. it sucks. its a pandemic. dcps clearly can't plan its way out of a paper bag but the pandemic will be over before you suit sees the light of day.

also any suit will show that schools aren't all back. dc says its back and friends of mine from around the country email me thinking that means my kid is back. but we all know its not. so some law clerk is going to have to go through all the districts you think are open and you will percentages of IPL not 100% for all that are back.

but i so want you to do this so i can point and laugh in public.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. Here's a partial thread with links to some cases around the country. There are many others.

https://mobile.twitter.com/VPrasadMDMPH/status/1374775158112612355

The NJ case is summarized here:

https://www.wsj.com/articles/new-jersey-parents-sue-to-reopen-schools-after-covid-19-closures-11616857201

filing a suit is different than getting your kid back in person you know

the laws require equal access and that is what you have. it sucks. its a pandemic. dcps clearly can't plan its way out of a paper bag but the pandemic will be over before you suit sees the light of day.

also any suit will show that schools aren't all back. dc says its back and friends of mine from around the country email me thinking that means my kid is back. but we all know its not. so some law clerk is going to have to go through all the districts you think are open and you will percentages of IPL not 100% for all that are back.

but i so want you to do this so i can point and laugh in public.

Friend, your understanding of the law is ... not good.

[Anonymous]

Anonymous wrote:OP here. Here's a partial thread with links to some cases around the country. There are many others.

https://mobile.twitter.com/VPrasadMDMPH/status/1374775158112612355

The NJ case is summarized here:

https://www.wsj.com/articles/new-jersey-parents-sue-to-reopen-schools-after-covid-19-closures-11616857201

Neither of these involve a judgment against a school district. At most, you could argue thaw the lawsuit put added pressure on the school to open, but that is very different than a judicial decree. There are also other, probably more effective, ways to put public pressure on a school district. And these schools opening coincided with a time that many other schools, including in this area, moved more towards opening, undercutting the inference that the lawsuit added meaningful pressure.