Special Education Students Incarcerated at DC Jail Reach a Landmark Settlement with the District of Columbia Over Failure to Provide FAPE During the Pandemic 09.22.23
School Justice Project (SJP) along with co-counsel from Washington Lawyers’ Committee and public interest law firm Terris, Pravlik & Millian, won a historic victory on September 23, 2023, when they reached a settlement on behalf of young people in DC Jail during the pandemic. Throughout the pandemic, young people in DC jail with disabilities were not provided education. To remediate for the lost instruction and special education supports, the settlement agreement provides injunctive relief and compensatory education services to students who were detained throughout the pandemic. The class action lawsuit was filed in April 2021 when three special education students were denied their educational services under the federal Individuals with Disabilities Education Act (IDEA) and they brought suit on behalf of themselves and similarly situated students. In June 2021, the U.S. District Court for the District of Columbia ruled in favor of the plaintiff class, granting their motion for a preliminary injunction and granting provisional class certification. In October 2021, a new school with experience in correctional education, Maya Angelou Academy at the DC Jail, took over the educational responsibilities for students in the jail from DC Public Schools. However, students continued to be deprived of the full benefit of their Individualized Education Plans (IEPs). The plaintiffs filed a motion for contempt for the District’s failure to provide appropriate education, which was granted in February 2022. In June 2022, the federal court referred the case for mediation, and the parties underwent nearly a year of confidential, mediation sessions.
The 69-page settlement agreement includes several key components. First, the settlement addresses policy and practice changes that will be implemented over the course of the agreement, such as ensuring access to a full-time education while detained at the jail. Second, the settlement provides compensatory education to students who were at the jail during the pandemic to allow them to further their education and/or pursue other vocational pursuits. Third, the settlement provides for an independent, third-party auditor to oversee the satisfactory completion of the provisions of the agreement to ensure it is adhered to with fidelity. The court will continue its oversight of the case for two years, during which time it will receive periodic reports from the auditor on the status of implementation.
SJP is thrilled that our clients are happy with this agreement and what it provides. Our clients have been deeply dedicated to this case throughout the past two years, determined to keep fighting on behalf of their fellow students and those who will come after them. In the words of the lead named plaintiff, Charles H., a pseudonym used for his privacy, “I feel happy because even though I’m gone, I made something happen for the next people in my shoes.” Another named plaintiff, Malik Z., also a pseudonym, plans to use his compensatory education award to begin college courses and earn his degree while in a Federal Bureau of Prisons (BOP) facility. Malik intends to return home to DC and use his degree to find meaningful employment to provide for himself and his family.
For more information on the case and to view pleadings filed in the case, please visit our Charles H. page.
