Edmonds School District Lawsuit, A Student Makena Simonsen Graduated With 3.87 GPA Honors and Could Barely Read

Makena Simonsen graduated from Lynnwood High School in 2022 with a 3.87 GPA — but finished her senior year reading at a first-grade level. Her family filed a lawsuit in Snohomish County Superior Court against the Edmonds School District, alleging the district failed to provide her with a meaningful education and that the diploma it awarded cut her off from free transition services she needed to live independently. The case is active with no settlement reached as of March 12, 2026.

Quick Facts

What Actually Happened?

Makena Simonsen was a Lynnwood High School student with a neurodevelopmental disorder, ADHD, dyslexia, dyscalculia, and dysgraphia. She had an Individualized Education Program. She worked hard, she showed up, and in 2022 she walked across the stage at her graduation ceremony and felt — by her own words — like she had finally made it.

The academics at Lynnwood High were hard, but Makena graduated with a 3.87 GPA, despite finishing her senior year reading at a first-grade level. What nobody told Makena or her family was that the diploma they celebrated that day would close a door they didn’t even know existed.

After graduation, Makena planned to enroll in the Edmonds School District’s vocational program, which helps transition special needs students into independent life and would have been free of charge. Because she received a diploma, however, she was no longer eligible. Instead, she had to enroll in a similar program at Bellevue College at a cost of more than $40,000 a year.

What Does the Lawsuit Allege?

In the complaint, Simonsen’s attorneys state the district denied her an “opportunity to graduate with a meaningful diploma,” leaving her unprepared for “postsecondary education, gainful employment, or citizenship.” They allege the district passed Makena along year after year, awarding grades and ultimately a diploma that did not reflect her actual academic abilities.

Related article: Edmonds School District PFAS Lawsuit, Forever Chemicals Found in a School’s Stormwater Could Reach Your Tap

Simonsen’s attorneys argue that state law grants all students the right to a basic education, which includes graduating with a “meaningful diploma,” and that the district failed to provide such an education. “By giving Makena a diploma that, frankly, we believe she did not earn, she missed out on another four years of free education that would have better prepared her to either live alone or live in a less structured environment,” attorney Alex Hagel said.

The lawsuit also alleges what the attorneys call “benevolent discrimination” — the idea that the school’s intentions may have been kind, but the outcome was harmful. Attorney Lara Hruska explained: “By letting her kind of pass along, giving her these grades and then giving her this diploma — which shut the door on her transition services access — they actually caused her harm. Her diploma was more of a participation trophy.”

What Does the IEP Record Show?

The lawsuit draws heavily on Makena’s Individualized Education Program records from her years at Lynnwood High School. Simonsen’s IEP meetings would largely consist of teachers saying she was doing well in classes. The goals on her individualized plan stayed exactly the same throughout high school. The complaint argues this stagnation — no updated goals, no measurable progress benchmarks — is direct evidence of a failed education plan.

The lawsuit focuses on the legal requirement to provide a Free Appropriate Public Education to all students. This federal mandate requires that schools provide specialized instruction that allows a student to make reasonable progress in light of their circumstances. The plaintiffs argue the district violated this standard by essentially replacing genuine instruction with social promotion.

Defense attorneys for the district are expected to argue the diploma was earned according to the specific criteria set forth in the student’s plan. The district has filed a court response denying any wrongdoing.

What Laws Were Allegedly Violated?

• Individuals with Disabilities Education Act (IDEA) — Federal law requiring schools to provide a Free Appropriate Public Education (FAPE) to students with disabilities. The complaint alleges Makena’s IEP was not properly implemented, denying her the progress the law requires.
• Washington State Basic Education Act, RCW 28A.150 — State law establishing every student’s right to a basic education, which courts have interpreted to include graduating with a diploma that reflects actual academic achievement. Plaintiffs allege the district awarded a diploma that did not meet this standard.
• Washington State Special Education Regulations, WAC 392-172A — State rules governing how schools implement IEPs for students with disabilities. The complaint alleges the district failed to update Makena’s IEP goals or measure her progress meaningfully over four years of high school.
• Educational Malpractice / Negligence (State Tort Law) — A civil claim that the district’s failure to educate Makena to the standard of her diploma constitutes a breach of its duty of care. Washington courts have rarely recognized this theory — making this case, as the plaintiff’s attorney acknowledged, a first of its kind in the state.

Who Does This Lawsuit Affect?

• You may be affected if you are the parent or guardian of a student with disabilities in the Edmonds School District whose IEP goals have not changed or progressed over multiple years.
• You may be affected if your child was awarded a standard high school diploma from the Edmonds School District but was not reading, writing, or performing math at grade level at the time of graduation.
• You may be affected if your child received a diploma from Edmonds School District and subsequently learned they were ineligible for the district’s free Vocational Opportunities in Community Experiences (VOICE) transition program as a result.
• You may be affected if your child is a current special needs student in Washington State whose IEP does not include specific, measurable academic progress goals — attorneys in this case have described it as a statewide problem.

After posting a news article about the case in local Facebook groups, Makena’s mother received hundreds of comments and messages from parents with similar experiences. No action is required right now. Save all IEP documents, school communications, grade reports, and any evaluations — these may matter if a settlement is reached or the case establishes legal precedent.

What Is the Edmonds School District Saying?

The Edmonds School District does not comment on pending litigation, district spokesperson Curtis Campbell told reporters. In a court filing, the district denied any wrongdoing and denied that it failed to provide Simonsen with a basic education.

Defense attorneys for the school district are expected to argue that the diploma was earned according to the specific criteria set forth in the student’s individualized plan. The district has maintained it followed all required procedures under Makena’s IEP and complied with state and federal special education law. AllAboutLawyer.com will update this section when the district issues any additional public statement.

What Happens Next?

• Discovery phase. Both parties are preparing for the discovery phase of litigation in Washington Superior Court. Simonsen’s attorneys will seek the district’s full IEP records, assessment data, internal communications, and graduation criteria documentation going back over a decade.
• The district will file its defense. The district has already denied wrongdoing in its initial court filing. Its legal team is expected to argue Makena’s diploma met the criteria specifically set out in her IEP — a key factual dispute the court must resolve.
• This case could set precedent. Attorney Hagel said he has never seen a case like this in Washington state and described it as “very much a test case.” A ruling in Makena’s favor could open the door for similar claims from families across Washington.
• No class certification sought yet. This is currently an individual lawsuit — not a class action. However, given the volume of similar complaints attorneys say they have received, a broader class action cannot be ruled out if the case progresses.
• What the family is asking for. Simonsen’s mother said: “All we’re asking for in this lawsuit is to pay for Makena’s tuition and my lawyer’s fees. There’s nothing more.”

This page will be updated as the case develops.

Important Case Dates

Frequently Asked Questions

Is the Edmonds School District lawsuit real?

 Yes. Simonsen v. Edmonds School District (Case No. 25-2-06761-31) was filed July 28, 2025 in Washington Superior Court, Snohomish County. The case is active and in the pre-discovery phase as of March 2026. No settlement has been reached and no claim form exists.

Can I join the Simonsen lawsuit against the Edmonds School District right now? 

No. This is currently an individual lawsuit, not a class action. No claim form is available. If the case later expands into a class action or reaches a settlement that includes other affected families, qualifying individuals will receive official notice from the court.

Do I need a lawyer if my child had a similar experience in Washington State?

 You do not need a lawyer to follow this case. However, if your child received a diploma from a Washington school district without meeting actual learning standards, or lost access to transition services as a result of early graduation, consulting a special education attorney about your own situation may be worthwhile. Cedar Law, the firm handling the Simonsen case, has stated it has received similar complaints from multiple families.

What is “benevolent discrimination” and why does it matter legally? 

Benevolent discrimination is the legal theory that well-intentioned actions by an institution can still cause illegal harm when they result in unequal treatment of a protected group. In this case, the lawsuit alleges the district’s decision to pass Makena along — in a genuine attempt to be kind and supportive — ultimately discriminated against her by denying her the services and skills she needed. Washington courts have rarely seen this theory applied to special education — making this case legally significant regardless of outcome.

What is FAPE and did the district violate it?

FAPE stands for Free Appropriate Public Education — a federal right guaranteed to all students with disabilities under the Individuals with Disabilities Education Act. It requires schools to provide instruction that allows a student to make meaningful progress toward their individual goals. The Simonsen lawsuit alleges the district’s failure to update her IEP goals or measure real academic progress over four years violated this right. The district denies this allegation.

What is the VOICE program and why couldn’t Makena access it? 

The Vocational Opportunities in Community Experiences (VOICE) program is offered by the Edmonds School District to help special needs students aged 18 and older transition to independent living and employment — at no cost to the family. Eligibility requires that the student has not yet received a standard high school diploma. Because Makena graduated with a regular diploma in 2022, the district told her family she was ineligible — no exceptions. That disqualification is at the heart of the lawsuit.

How much money is the family asking for?

The family is asking the district to pay for Makena’s tuition and attorney’s fees — nothing more. By the time she graduates from Bellevue College, Makena expects to face roughly $160,000 in student debt — costs her family argues she would never have incurred had the district withheld her diploma until she completed the free transition program.

Are there other lawsuits against the Edmonds School District right now? 

Yes. A separate active lawsuit — Olympic View Water and Sewer District v. Edmonds School District — was filed July 25, 2025 in U.S. District Court in Seattle. That case alleges the district is violating the Safe Drinking Water Act by allowing PFAS-contaminated stormwater to be injected into underground wells above the Deer Creek aquifer, which supplies drinking water to homes in Edmonds, Woodway, and parts of unincorporated Snohomish County. That case is separate from the Simonsen matter and involves environmental law, not special education.

Sources & References

• Simonsen v. Edmonds School District, Case No. 25-2-06761-31 — Law.com Radar (Snohomish County Superior Court) (Official court docket reference)

Last Updated: March 12, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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