A legal battle between a Warren County education facility and the state of Ohio may land in the state’s supreme court.
The Warren County Educational Services Center enrolls students from more than 40 school districts between Dayton and Cincinnati, with specific programs for their severe mental and emotional challenges.
The Department of Education and Workforce is working through the courts to impose new teaching directives upon the Warren County Educational Services Center. Wellness Center.
Specialized program
This unit is a specialized day treatment program for youth who have severe behavioral problems.
"Students who have histories of either suicidal ideation, homicidal ideation, significant other mental health impairments, and issues," said director Jared Kaiser, the clinical counselor who designed the program.
The center serves about 80 students in grades K-12, with a maximum of nine youth per class with three staff members in attendance.
According to Kaiser, parents along with their child’s school guidance counselor make the decision to place a child in the Wellness Center. While students do learn language arts and math, this is not a traditional school.
"We are focusing predominantly on the social, emotional, mental health because of the need is so high," emphasizes Kaiser. "So it's more 80% social, emotional mental health, 20% academic."
Accusations and a lawsuit
But some complaints by parents as well as charges from Disability Rights of Ohioaccuse the Wellness Center of depriving children of a comprehensive education.
"In terms of the quality of the services that were being provided to students, the lack of oversight of what was happening with students and really that students kind of went to the Educational Service center, got stuck there and never left," said Kristin Hildebrandt, senior attorney with Disability Rights of Ohio.
In 2022 and 2023, the Ohio Department of Education and Workforce identified special education law violations. The state declined WYSO’s requests for a comment, citing active litigation.
Although the state attempted to impose a corrective action plan, the school has sued and won through appeal.
Last May, a Warren County Common Pleas judge essentially stopping the state from imposing a corrective action plan, by granting an injunction.
That meant the Wellness Center could continue the day treatment program without changes.
The state and other groups should leave the Wellness Center alone, said former state Rep. Scott Lipps, who represented the district where the Warren County Educational Services Center is located.
"No, the state's not right and DRO (Disability Rights Ohio) is not right. Where are those kids going? So we cannot allow these kids to slip through the cracks," Lipps said.
Ongoing legal battle
The state challenged the court's decision.
Last month, it lost when the District Court of Appeals again allowed the Wellness Center to operate as it has been, by upholding the injunction.
Kaiser, counselor with the Wellness Center, believes these rulings mean Ohio’s courts recognize a parent's right to determine what’s best for their child.
“100% of students are placed with parent involvement, and they can withdraw their student at any time, too if a family says, 'This is not working for me. This is not working for my kid.' We would really like to look at other educational options. Great. That is fine. And we encourage that,” Kaiser said.
The state now has 45 days to file an appeal with the Ohio Supreme Court to force the Wellness Center to change its day treatment program.
