Hearing set for CCSD families’ lawsuit over distance learning
A class-action lawsuit over the Clark County School District’s distance learning model filed on behalf of students in special education is headed for a hearing Friday after a federal judge declined to order the district to reopen its doors immediately.
Brought by the families of six students in special education, the lawsuit filed on Aug. 21 claims the district has denied students with disabilities a free and appropriate education during distance learning.
It sought a temporary restraining order and a preliminary injunction to compel the school district to reopen its doors, undo modifications made to Individualized Education Plans during the pandemic, restore live public comment at school board meetings and preserve all internal communication “to ensure no evidence is spoiled, destroyed or altered in this manner.”
In a Nov. 10 order, U.S. District Judge James C. Mahan denied the plaintiffs’ request for a temporary restraining order that would have required a return to in-person learning for all willing students by Monday. But he set a hearing for their request for a preliminary injunction, at which both parties will be able to present arguments.
Mahan’s order said the plaintiffs failed to convince the court that a temporary restraining order was appropriate without further briefing.
“However, recognizing the potential merit of plaintiffs’ position, this court sets a briefing schedule and hearing on plaintiffs’ motion for preliminary injunction,” it says.
The order also denied the request to order the school district to not destroy evidence, noting that it would be an order to follow the law, as the district is already “obligated to preserve information and documents pertinent to this litigation.”
District representatives did not return a request for comment Monday. Robert Sweetin, attorney for the plaintiffs, was not immediately available for an interview.
The Clark County School Board voted on Nov. 12 to delay a vote on reopening schools in January until the Dec. 10 meeting.
Contact Aleksandra Appleton at 702-383-0218 or aappleton@reviewjournal.com. Follow @aleksappleton on Twitter.
