A federal judge has ended more than a decade of special education monitoring in New Orleans, meant to address issues stemming from the city’s charter system.
U.S. District Court Judge Jay Zainey wrote on Tuesday that the court needed to know “the positive changes that have occurred as a result” would not be “eroded” if oversight was lifted.
Zainey said that local and state officials provided enough evidence that they’re committed to keeping reforms in place.
The ruling marks the end of a long period of heightened scrutiny of special education in the district.
After Hurricane Katrina, families of children with disabilities sued the city’s school board and state department of education, alleging their children had been turned away or denied services by some charter schools.
In 2015, families won their case, leading to the appointment of an independent monitor and subsequent reforms.
Defendants asked the court to end federal monitoring last year, after eight consecutive years of compliance. The terms said they could be released after just two.
New Orleans school officials celebrated the ruling on Thursday and congratulated the many educators who have worked to improve special education.
“We set out to build something that would last, and the court’s ruling confirms that we did exactly that,” said New Orleans’ superintendent, Fateama Fulmore, in a statement.
“Our commitment to students with disabilities is not just about compliance. It’s always about doing right by our children. Our work is not finished; it is ongoing and will continue to improve,” she said.
A press release from the district highlights efforts to improve special education, including the recent launch of its new education service agency, which allows charter schools to pool funding and share resources.
Plaintiffs, represented by the Southern Poverty Law Center, opposed the end of federal monitoring and argue more safeguards are needed.
“When our clients filed this lawsuit in 2010, there was little to no oversight,” said Neil Ranu, a senior staff attorney at SPLC, in a statement.
“While we have seen some progress over the past 10 years, the school system still cannot guarantee that students with disabilities will receive the services they are entitled to under law.”
While issues remain, judge doesn't believe they're "systemic"
Zainey wrote in his order that the 2015 agreement was meant to address "systemic" problems and was never meant to be permanent. The terms for release — spelled out as part of the initial judgment — are clear, he said.
-Defendants must achieve “substantial compliance” with each provision of the agreement for which they are assigned responsibility
-Maintain “substantial compliance” for two consecutive years
-And obtain court approval
In his ruling, Zainey said both sides came close to filing a joint dismissal request at his urging but could not reach a final agreement.
The SPLC said in its petition that the school board and state should be held to higher standards than those spelled out in the original order. They pointed to documented special education violations at specific schools and corrective action plans as evidence that more oversight, not less, is needed.
When the district and state filed alone, Zainey said arguments were unnecessary — since the release terms had been met — and that he intended to approve it.
But he still held several days of informal hearings to hear from New Orleans parents who have children with disabilities.
Dozens showed up over three days, and hundreds more wrote to him with stories of how they believed the public school system hadn’t met their childrens’ special needs and, in some cases, violated their civil rights. They all asked for federal monitoring to remain in place.
While Zainey, who has an adult son with special needs, was sympathetic, he wasn’t swayed.
“Most, if not all of the individual problems raised could not plausibly be traced to a systemic failure,” he said in his ruling. “And some problems, while causing palpable frustration to class members, did not necessarily constitute a violation of federal law.”
In his order, Zainey pointed to family-facing positions created in recent years meant to help parents resolve special education issues with schools. The state hired its first ombudsman in 2023, and Zainey said New Orleans public schools recently hired for the same position.
He urged parents to first work with the district and state, and pursue legal action on their own if needed.
