Read WCPSS’ statement on how it reaches special-education school settlements
AI-generated summary reviewed by our newsroom.
- Wake County settled at least $1.3 million in special-education claims.
- District says it prioritizes student welfare and resolves disputes through settlements.
- Administrative statement links settlements to costly private placements and services.
The Wake County school system has settled at least $1.3 million in special-education legal claims so far this school year.
The school district issued a statement Monday to The News & Observer in response to questions about the settlements and the rising number of complaints from families of children with special needs.
Here’s the statement:
The Wake County Public School System is deeply committed to every student’s success, including those with special needs. We understand there are questions about recent legal settlements involving special education services, and we welcome the chance to provide context and reassure our community of our dedication to our students and families.
Our commitment
Our top priority is the well-being and education of every child. When disagreements arise about a student’s special education needs, our guiding principle is always to do what’s best for the student and to resolve issues in a way that supports their learning and growth. Many cases that lead to settlements involve students with highly complex needs. These resolutions often include specialized services or private therapeutic or residential placements, which can be very costly. These amounts reflect the level of specialized support needed to serve students with significant challenges - resources directed toward education and care. Our goal is to ensure students receive the services they need as quickly as possible.
Context
Several factors contribute to the rise in these cases in our area. Wake County’s proximity to world-class medical institutions such as Duke and UNC Hospitals attracts families of children with significant and complex disabilities. We are proud these families choose our schools and take seriously our responsibility to serve them. However, a larger population of high-needs students naturally increases the likelihood of complex cases.
State data show an increase in formal complaints since the pandemic, a trend that is not unique to WCPSS.
Collaborative problem solving
Our approach is always to seek solutions with families before disputes escalate. Many concerns are resolved through IEP meetings, mediation, or other dispute resolution processes. We have staff dedicated to helping families with services and finding solutions early in the process.
In many cases, families engage attorneys to help them navigate the special education process, and we welcome that partnership. Productive collaboration with legal advocates can lead to strong outcomes for students without ever involving the courts.
Unfortunately, we’ve seen a shift where some attorneys now bypass educational due process and go straight to litigation. That pathway is often more financially rewarding for the firms involved, even though it may delay resolution for the student.
Our preference is always to resolve concerns early, constructively, and in a way that keeps the focus on the child’s needs. When families and their attorneys work with us through IEP meetings, mediation, or other early steps, we are often able to reach solutions that serve students well without the cost, delay, and strain of a lawsuit.
Why we sometimes settle
When a legal dispute does arise, we carefully consider whether to litigate or settle. Our decision-making centers on a few key factors:
- What outcome best supports the student’s immediate and long-term needs?
- Can an agreement provide needed services faster or more effectively than prolonged litigation?
- Will going to court harm the trust and collaboration needed between the family and school?
In almost every case, a courtroom is not in the child’s best interest. Trials can be emotionally taxing for parents and children, and they place teachers and school staff in adversarial roles, which can strain the trust and cooperation that are so essential in education.
Unlike a typical civil lawsuit, in special education cases the family and school will continue working together for years after any legal case is resolved. We want that relationship to remain as positive and productive as possible. Settlement allows all parties to move forward and refocus on the student’s success without the lasting strain a trial might cause.
Settling a case is about finding a prompt, constructive resolution. Settlements often include the school district committing to specific actions, such as funding services or training, that directly benefit the student involved. By settling, we can often secure needed support for the student quickly. It also avoids additional legal expenses on both sides. (It’s worth noting that if each of these cases were fully litigated, the combined costs of legal fees and potential reimbursements of each case could easily reach six figures, even before accounting for any specialized services the child might ultimately receive.)
Challenges/Improvements
The pandemic disrupted learning nationwide and exacerbated staffing shortages, especially in special education. Like districts across the country, WCPSS lost experienced teachers. Recruiting and training new special educators remains a top priority. We regret any instances where a student’s needs were not fully met and are actively implementing improvements, including expanding training and reorganizing service delivery, to better support families and prevent disputes. Our district is committed to learning from every case and making systemic improvements for students with disabilities.
Confidentiality
We are legally bound to protect the privacy of students and families. Special education matters involve sensitive information, and settlements typically include confidential agreements to safeguard that privacy. Legal strategy and Board deliberations occur in closed session, as allowed by law, to protect all parties involved.
Each case receives careful review from our Board of Education, Superintendent, and legal counsel. Settlements are never made lightly. They are approved only when they represent the most constructive outcome for the student.
Moving forward
WCPSS’s approach to special education disputes is driven by an unwavering focus on students. We recognize that behind every case is a child and a family navigating real challenges. We also deeply value the educators who work tirelessly to support students with special needs. We strive to be even more collaborative: enhancing communication, refining support processes, and applying lessons learned to prevent future issues.
Our goal is for fewer families to feel litigation is their only option. We aim to build and maintain trust so concerns can be addressed early and cooperatively. When disputes do occur, we will continue to approach each case with compassion, integrity, and a steadfast commitment to the student’s success.
Ultimately, we believe that by working together - parents, educators, and, when necessary, attorneys - we can achieve what we all want: the best possible education and outcomes for children with special needs.
