The Parnes family’s journey is a testament to resilience, advocacy, and the search for justice in the face of adversity. Their story begins with their daughter who, despite multiple learning and developmental disabilities, has continually strived to navigate the educational landscape.

Siena’s struggles began at Bay Meadows Elementary School, where she faced malignant bullying and ostracism by adults and peers. She was excluded from classroom parties, taunted for not fitting in, and isolated during lunch as a “punishment” for rambunctious behavior that should have been expected of a child with her disabilities. To make matters worse, her individualized education plan (IEP) barely covered her needs, making it difficult to keep up with her classmates. Undeterred by these challenges, Siena’s love of learning grew, as did her ability to play with friends, and she progressed more and more each year.

Nevertheless, the situation came to a head when Siena almost got expelled for her reaction to cafeteria bullying. A group of girls “scooted together” so she could not sit with them, and one girl knocked Siena’s lunch tray to the floor—allegedly by accident. This prompted Siena to call them names and pinch or hit the girl. Then, according to only a couple of student accounts, she said she would “kill” them. Other students’ statements made no mention of the threat. The severe response by school administrators failed to account for Siena’s disabilities, clean behavioral record, and lack of adult witnesses, and it was only after the Parnes family pressed the issue that they changed their decision. However, this was not the last of their obstacles.

When the COVID-19 pandemic hit, Orange County Public Schools (OCPS) transitioned to online learning but failed to update Siena’s IEP or support her access to Free and Appropriate Public Education (FAPE). For example, she needed assistive technology to show her work because she could not hold up papers in front of the camera due to hand tremors. Her occupational therapist suggested using one of the school’s plastic chairs to maintain continuity in her environment, but that request was denied. She was unable to navigate the online platform because she could not read, but the school refused to provide someone who could follow along on her screen and assist her. Siena’s capabilities were not only stunted by this lack of action but regressed.

Joy Parnes, Siena’s mother, was determined to solve this problem. She tirelessly coordinated with the school, teacher, and paraprofessional to keep Siena on track. She spent hours each day sitting with her daughter to keep her focused and hundreds of dollars on personal technology to help Siena with her schooling. Unfortunately, Siena’s mounting difficulties in completing schoolwork led to increased frustration and behavioral problems at home, which in turn led to stress between Joy and her daughter.

That is when the Parnes family decided to take legal action. In August 2020, they filed a complaint with the Florida Department of Education’s Bureau of Exceptional Education and Student Services (FDOE BEESS) alleging that OCPS denied Siena’s access to FAPE during the spring semester. However, instead of rectifying the problem, the Orange County School Board attorney escalated the situation at an IEP meeting on September 10th. Prior to the meeting, she made a baseless comment to administrators implying that Joy was racist, causing tension between school personnel and the family. Then, she stated during the meeting that perhaps Siena “just isn’t capable” of learning on-level with her peers despite documented progress from before COVID proving otherwise.

Despite these challenges, the Parnes family continued to fight for Siena’s rights. On September 22nd, 2020, they filed another complaint with the FDOE BEESS alleging Siena was denied access to FAPE in the summer and fall semesters, as well as a professional standards complaint against the board attorney. The Board attorney threatened to take legal action against the Parnes family if their professional standards complaint was not withdrawn, and after the FDOE concluded their investigation in favor of the family for both FAPE complaints she followed through with this retaliatory act.

The FDOE issued a list of corrective actions OCPS needed to take to rectify Siena’s education, ignoring the professional standards complaint, but OCPS chose not to comply. Instead, the School Board filed an administrative complaint to the Department of Administrative Hearings (DOAH) on December 16th against Siena, her parents, and the FDOE to overturn the decision, claiming that the family did not adequately participate in Siena’s education. Furthermore, without permission from the court, the School Board filed a complaint to Florida’s 5th District Court of Appeals (5DCA) on the same grounds. This move represented a new challenge for the Parneses, who now found themselves on the defensive in a legal battle that seemed to have no end in sight.

Meanwhile, Siena continued to have her much-needed accommodations and access to FAPE denied and was continually disciplined in online school for “behavior issues” which were not present before, ultimately hurting her education. This, combined with months of ongoing litigation, led the Parnes family to put her in private school in February 2021.

Ultimately, the 5DCA dismissed Orange County School Board’s complaint for lack of jurisdiction, leading the DOAH to do the same. Neither court wanted to create a precedent for appealing official FDOE decisions regarding education, but the damage had been done to Siena and her family.

Now, they are taking action in the hopes of regaining some financial freedom and advocating for the rights of children with disabilities. Kevin Ross-Andino and his team at éclat Law have sued the School Board on the Parnes’ behalf for violating Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the prohibition against retaliation under the Americans with Disability Act.