Case: B.H. v. Ohio Department of Education and Workforce
2:24-cv-03966 | U.S. District Court for the Southern District of Ohio
Filed Date: Sept. 23, 2024
Case Ongoing
Clearinghouse coding complete
Case Summary
This case poses a due process challenge to the absence of procedural safeguards rights of children with disabilities under the Individuals with Disabilities Education Act ("IDEA") at the Warren County Educational Service Center ("WCESC").
On May 31, 2022, prior to the filing of this lawsuit, Disability Rights Ohio filed a systemic state complaint against WCESC with the Department of Education Workforce’s (the "Department") Office for Exceptional Children (the "Office"), alleging a violation of the IDEA by WCESC, including failure to provide access to academic curriculum, failure to implement individualized education programs, and failure to provide behavioral interventions. After investigating a sample of 203 students at WCESC, the Office concluded that IDEA violations did occur, resulting in denial of free and appropriate education ("FAPE") for many students. The Office mandated that WCESC take corrective action, including compensatory education awards to affected students. Disability Rights Ohio alleged that after pressure from WCESC leadership, the Department violated its own policies and procedures by taking control of the investigation, pausing all required corrective actions, and ultimately reducing the compensatory education awards to affected students. The state complaint also claimed that the Department never investigated whether the students not included in the investigation sample were deprived of FAPE and failed to notify these students that IDEA violations had occurred. The Plaintiff, a thirteen-year-old student, entitled to special education services under IDEA, filed a due process complaint on behalf of all similarly situated students and requested an administrative hearing pursuant to Department's policies.
The due process claim was dismissed by an Impartial Hearing Officer. On September 23, 2024, after exhausting the administrative remedies outlined by the Department's policies and procedures, the thirteen-year-old student, on behalf of 525 similarly situated students, filed a class action lawsuit against the Department and an official of the same. The complaint was filed in the United States District Court for the Southern District of Ohio. Plaintiffs were represented by Disability Rights Ohio and private counsel. The case was assigned to District Judge Sarah Daggett Morrison. The complaint alleged that the Department failed to provide Plaintiffs and their parents with the procedural safeguards and due process rights entitled to them under IDEA, resulting in educational harm and the denial of FAPE. The complaint also alleged that such denial of due process violated the Fourteenth Amendment of the United States Constitution.
Plaintiffs sought certification as a class, declaratory relief that the Defendants violated IDEA and the due process clause of the Constitution, and injunctive relief to restore education awards and enjoin Defendants from denying students procedural safeguards in the future.
On November 22, 2024, Defendants filed a motion to dismiss the case.
As of February 13, 2025, the case remains ongoing.
Summary Authors
Colton French (2/10/2025)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69186104/parties/bh-v-ohio-department-of-education-and-workforce/
Morrison, Sarah Daggett (Ohio)
Boyle, Michael J (Ohio)
Hildebrant, Kristin E (Ohio)
Peal, Paige Nicole (Ohio)
Rai, Laura Gates (Ohio)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/69186104/bh-v-ohio-department-of-education-and-workforce/
Last updated April 11, 2026, 5:01 a.m.
Case Details
State / Territory:
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: Sept. 23, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff is a 19 year-old student with autism qualifying for a disability under the Individuals with Disabilities Education Act (IDEA), representing a class of 525 similarly situated students.
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
State
The Ohio Department of Education and Workforce
Defendant Type(s):
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Other Dockets:
Southern District of Ohio 2:24-cv-03966
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Case Summary of B.H. v. Ohio Department of Education and Workforce, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45765/ (last updated 2/10/2025).