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They said Chesterfield failed their daughter. This officer disagrees.

They said Chesterfield failed their daughter. This officer disagrees.
Posted at 3:15 PM, Apr 20, 2022
and last updated 2022-04-20 17:20:41-04

CHESTERFIELD COUNTY, Va. -- The Chesterfield County Public School (CCPS) system will not be responsible for financing a local middle schooler's private education. That's the ruling of a state due process hearing officer.

On Friday, the officer ruled the parents of a sixth-grader who has dyslexia did not prove that CCPS denied their child a free appropriate public education (FAPE) and the matter was dismissed.

The Klein family disenrolled their daughter Anna from Old Hundred Elementary School last February and enrolled her in The New Community School (TNCS) in Richmond after they say CCPS failed their child.

The family filed a 182-page complaint on February 1, 2022, which highlighted Anna's last six years in Chesterfield Public Schools and how they allege the county fell short, especially during the pandemic. However, the hearing officer challenged the Kleins’ allegations, citing expert testimony during the eight-day hearing and at times was critical of the parents.

Detailed in the decision were three issues.

1) Did CCPS properly provide A.K. with a free appropriate public education through the development of IEP’s from February 2019 through February of 2020? 

(2) Did CCPS properly provide A.K. with a free appropriate public education from February 2020 through February 2021? 

(3) Does A.K. require placement at TNCS, a private day school?

The hearing officer ruled in favor of the district on all three issues.

The Kleins released the following statement about Friday's decision through their attorney Todd Ratner, “The Kleins are extremely disappointed with the process and result. The hearing was rife with procedural irregularities and legal errors. We are evaluating our appeal options and considering the next steps.”

Chesterfield County Schools has not yet returned CBS6's request for comment

Either party has 90 days to appeal in federal district court or 180 days in state circuit court.