A Fayette Circuit Court judge has dismissed Fayette County Public Schools' lawsuit to overturn state findings that the district violated regulations in its handling of students with learning disabilities.
The school district has asked Judge Ernesto Scorsone to reconsider his decision that the findings are not subject to judicial review. A hearing is pending.
Meanwhile, however, the Kentucky Department of Education has issued more findings citing additional violations by the school system involving more students.
The developments stem from an administrative complaint that the Children's Law Center, an advocacy group with offices in Lexington, filed with the state education department last year. It alleged that the Fayette County schools systematically fail to properly identify and assist students who have learning or emotional disabilities.
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The Law Center cited 12 students who it alleged have been denied educational services in violation of the U.S. Individuals With Disabilities Education Improvement.
Last September, the education department issued a report on the complaint, concluding that the Fayette schools had violated various regulations in the cases of seven of the students and directing the district to take corrective steps.
It is this report that is at issue before Scorsone.
However, new findings issued by the education department last month list additional regulations violations by the school district involving other students with learning problems. State officials said they reviewed the cases of 35 students and found rules violations in 17 of them. No violations were found in the other 18 cases.
In some instances, state officials said they could find "no documentation of interventions or plans" by the school district to assist the students "academically or behaviorally."
The report directs the schools to undertake various corrective actions, including offering compensatory services to some affected students, and training school staffers to better identify students with learning disabilities. The state gave the school system until Aug. 30 to verify compliance.