Episode Details
Back to EpisodesBeating the Odds: Zach’s Due Process Win Vs. Fairfax County Schools
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