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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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.[/quote]

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.[/quote]

That's obviously not true. Quite a few parents' lawsuits have been successful. [/quote]

Care to share a link discussing any of them?[/quote]

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.  [b]Most of these are in their early stages.  Plaintiffs in one case obtained a TRO against a San Diego area public schools system[/b].  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.[/quote]

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.[/quote]

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