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

[Anonymous]

Yes, I would sign.

[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.

As you know, that several lawsuits have been filed and are in early stages is itself meaningless, as that doesn't show that the lawsuits have any merit. Obtaining a TRO on the other hand is a different beast, and I would be curious to see more about this case. (But, from a quick Google search, it appears that the San Diego case is distinguishable because it concerned state requirements that prevented local school districts from opening. That's very different than a lawsuit forcing a local school district to open. https://www.sandiegouniontribune.com/news/education/story/2021-03-15/san-diego-judge-temporarily-blocks-state-from-enforcing-its-january-school-reopening-rules)

I agree that it isn't frivolous. I simply said that you have a better chance of getting sanctioned for a frivolous filing than winning. Both are very unlikely outcomes.

As for pressure on DCPS for the fall, I think there will be enormous pressure on DCPS to open. But I don't think a lawsuit that is almost certainly destined to fail will meaningfully ramp up the public pressure that might force DCPS's hand.

[Anonymous]

Parents of children with IEPS especially students with full time IEPS easily have a case to file a lawsuit. I can imagine that most students minutes are not being met.

[Anonymous]

Anonymous wrote:Parents of children with IEPS especially students with full time IEPS easily have a case to file a lawsuit. I can imagine that most students minutes are not being met.

For sure. Additionally (and a little unbelievably) DC code mandates 150 minutes per week of PE time for all kids in K-5.

[Anonymous]

Not me.

But if we could file a lawsuit against Trump, GOP Senators, and Kushner for worsening the pandemic and getting an extra 400,000 killed as well as making it impossible to run schools in person for most of the year, I’m in.

[Anonymous]

My kids’ needs weren’t met all year because Republicans grievously screwed up the pandemic response. If Biden or Obama was president we’d have been back in October. (Remember that Trump fired Obama’s whole pandemic team to save money? That’s pretty much criminal negligence.)

[Anonymous]

Anonymous wrote:My kids’ needs weren’t met all year because Republicans grievously screwed up the pandemic response. If Biden or Obama was president we’d have been back in October. (Remember that Trump fired Obama’s whole pandemic team to save money? That’s pretty much criminal negligence.)

If I remember correctly, Mayor Bowser was ready to open schools in August but, as she said publicly, teachers were refusing to show up. If you want to blame someone, blame WTU.

[Anonymous]

Anonymous wrote:

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.

+1

[Anonymous]

Anonymous wrote:My kids’ needs weren’t met all year because Republicans grievously screwed up the pandemic response. If Biden or Obama was president we’d have been back in October. (Remember that Trump fired Obama’s whole pandemic team to save money? That’s pretty much criminal negligence.)

I disagree. If Obama or Biden or Hillary were in charge we wouldn't have seen COVID on our shores.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My kids’ needs weren’t met all year because Republicans grievously screwed up the pandemic response. If Biden or Obama was president we’d have been back in October. (Remember that Trump fired Obama’s whole pandemic team to save money? That’s pretty much criminal negligence.)

If I remember correctly, Mayor Bowser was ready to open schools in August but, as she said publicly, teachers were refusing to show up. If you want to blame someone, blame WTU.

There was a raging pandemic in August because Trump tried to make it worse.
Criminal negligence at best.

Everything else is rearranging the decks on the Titanic. Trump and McConnell gave us a roaring pandemic which forced schools to stay closed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My kids’ needs weren’t met all year because Republicans grievously screwed up the pandemic response. If Biden or Obama was president we’d have been back in October. (Remember that Trump fired Obama’s whole pandemic team to save money? That’s pretty much criminal negligence.)

If I remember correctly, Mayor Bowser was ready to open schools in August but, as she said publicly, teachers were refusing to show up. If you want to blame someone, blame WTU.

+1. Enough with the WTU trolls looking to rewrite history.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Sue on failure to educate; children have a right to a minimum basic education. Scientific evidence is clear on the matter of in-person instruction in the classroom being safe (esp with vaccination now available) and the overwhelming evidence that hybrid and virtual learning environments harm the most at-risk students -- to say nothing of the emotional/psychological damage that a year without schooling has caused. NJ's case in South Orange is a lot like DC: city officials and union were squabbling and couldn't agree. Only the lawsuit moved the needle and got kids back in the classroom

Seems unlikely that a court would find that the distance learning isn't at least attempting to provide a minimum basic education. It'd be one thing if DCPS never planned to do in-person school again, but that's not what's going on.

My kid is one of the 30% at her school who won’t step foot on campus this year.
Could I not argue that she is being denied equitable education? If we were all in the same boat it would be one thing. But increasingly as the months move on the “haves” and “have nots” divide is pretty clear. With data showing worse outcomes for online learners, is this a possible angle?

And could it cause bad publicity??

[Anonymous]

So ridiculously not helpful.

[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.

This person with their no caps.

[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!!!

What's with the threat inflation?

0 children (age 0-19) have died of COVID-19 in DC. Only about 275 have died in the whole country, out of 75 million (which, fwiw, is about the same as in a bad flu seasons). Also, children, when they do become infected from an adult, are far less likely than adults to communicate the virus to others.