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Beating the Odds: Zach’s Due Process Win Vs. Fairfax County Schools

Episode 72 Published 2 months, 2 weeks ago
Description

David interviews advocate Elizabeth Zielinski and parent Jill Janson about Jill’s son Zach, a non-speaking speller, winning a due process hearing against Fairfax County Public Schools on every issue presented. After spelling was added to Zach’s IEP in middle school, the high school team delayed, obstructed, and failed to implement a trained, trusted communication partner, placing him in self-contained life-skills classes, denying electives and homework acceptance, and contributing to failing grades and school refusal. The family first prevailed in a Virginia Department of Education state complaint for failure to implement the IEP, but the district continued delaying corrective action and compensatory services. An IEE by an approved neuropsychologist using the letterboard documented exceptionally high abilities and supported placement in general education. After ESY registration and training commitments were mishandled, the family hired attorney Grace Kim and filed due process. Zach insisted on a public hearing to help other spellers, testified for hours, and the case became a public record emphasizing that non-speaking is not non-thinking and that communication access is essential. Tips include documenting early references to letterboards without branding demands, using FOIA, and careful written communication.

 

Topics

00:39 Case Victory Overview

03:28 What Went Wrong

05:45 IEP Language Strategy

07:12 Intimidation Tactics

14:14 State Complaint Win

18:56 Freshman Year Fallout

21:02 Homework Rejected

23:30 Communication Demo Drama

27:39 Sophomore Year Stalling

30:44 ASHA Position Debate

34:45 Education vs Medical Lines

35:49 Deflating Expert Power

36:52 Emotional Rollercoaster

37:28 IEE Reveals Potential

41:09 Testing Trauma Story

44:42 ESY Breakdown Sparks Legal

50:19 Due Process Timeline

51:32 Hearing Conditions Evidence

54:34 Legal Strategy Dysregulation

58:01 Zach Testimony Marathon

01:02:17 Takeaways Worth Fight

01:08:44 Tip of Week Advice

01:13:38 Final Thanks Closing

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