Counsel representing students and their families in a class action lawsuit against the Fairfax County schools and the Virginia Department of Education are preparing to appeal a district court’s dismissal under new U.S. Supreme Court precedent while simultaneously requesting an investigation into alleged human rights violations by the state attorney general’s office.

Parents Trevor and Vivian Chaplick and James and Sheila Bingham added allegations in January on behalf of their disabled children, D.C. and M.B., respectively, that the Fairfax County School Board and the Virginia DOE allegedly violated civil rights and withheld Individuals with Disabilities Education Act-mandated resources from students with disabilities.