Beating the Odds: Zach’s Due Process Win Vs. Fairfax County Schools episode artwork

EPISODE · Jun 12, 2026 · 1H 14M

Beating the Odds: Zach’s Due Process Win Vs. Fairfax County Schools

from The David Kaufer Podcast: The Lighter Side of the Spectrum · host David Kaufer

David interviews advocate Elizabeth Zielinski and parent Jill Janson about Jill’s son Zach, a non-speaking speller, winning a due process hearing against Fairfax County Public Schools on every issue presented. After spelling was added to Zach’s IEP in middle school, the high school team delayed, obstructed, and failed to implement a trained, trusted communication partner, placing him in self-contained life-skills classes, denying electives and homework acceptance, and contributing to failing grades and school refusal. The family first prevailed in a Virginia Department of Education state complaint for failure to implement the IEP, but the district continued delaying corrective action and compensatory services. An IEE by an approved neuropsychologist using the letterboard documented exceptionally high abilities and supported placement in general education. After ESY registration and training commitments were mishandled, the family hired attorney Grace Kim and filed due process. Zach insisted on a public hearing to help other spellers, testified for hours, and the case became a public record emphasizing that non-speaking is not non-thinking and that communication access is essential. Tips include documenting early references to letterboards without branding demands, using FOIA, and careful written communication.   Topics 00:39 Case Victory Overview 03:28 What Went Wrong 05:45 IEP Language Strategy 07:12 Intimidation Tactics 14:14 State Complaint Win 18:56 Freshman Year Fallout 21:02 Homework Rejected 23:30 Communication Demo Drama 27:39 Sophomore Year Stalling 30:44 ASHA Position Debate 34:45 Education vs Medical Lines 35:49 Deflating Expert Power 36:52 Emotional Rollercoaster 37:28 IEE Reveals Potential 41:09 Testing Trauma Story 44:42 ESY Breakdown Sparks Legal 50:19 Due Process Timeline 51:32 Hearing Conditions Evidence 54:34 Legal Strategy Dysregulation 58:01 Zach Testimony Marathon 01:02:17 Takeaways Worth Fight 01:08:44 Tip of Week Advice 01:13:38 Final Thanks Closing

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Beating the Odds: Zach’s Due Process Win Vs. Fairfax County Schools

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