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Pro Bono Highlight: Austin ISD Special Education Case

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In recognition of Pro Bono Appreciation Week, we are highlighting some of the victories that wouldn’t have been possible without our pro bono partners. This is the second of four posts we’ll publish this week.

The Austin ISD SPED Case- J.R. et al v. AISD Cause No. 1:21-CV-00279

On March 29, 2021, Disability Rights Texas on behalf of several individual plaintiffs filed suit in the U.S. District Court for the Western District of Texas challenging the Austin Independent School District’s (AISD) failure to timely evaluate students for eligibility for special education resources under the Individuals with Disabilities Education Act (IDEA).

The plaintiffs alleged that an estimated 800 students were on a waiting list for initial evaluations, and twice as many students were late for their triennial reevaluations; due in large part to a shortage of school psychologists and lapses in services during the COVID-19 pandemic. AISD’s inaction violated both the IDEA and Section 504 of the Rehabilitation Act of 1973.

David Peterson, a partner at Susman Godfrey, co-counseled this matter with the DRTx special education attorneys pro bono and achieved a $4 million dollar settlement outcome for the plaintiffs and all of the special education students in AISD. Because of their zealous advocacy – thousands of children in Austin will now be evaluated properly and timely for special education services – and hundreds will receive necessary compensatory services. This outstanding outcome would not have been possible without the tireless and unlimited pro bono support of Susman Godfrey and David Peterson.

Learn more about this case and see our special education resources.

Our thanks to Susman Godfrey partner David Peterson for making this victory for Austin students with disabilities possible.