TPM, joined by the School Justice Project and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Challenges DC’s Failure to Provide Needed Special Education Services at the DC Jail

On April 9, 2021, TPM filed a class action complaint on behalf of students at the DC jail who are being denied special education services during the pandemic.  Over a year ago, on March 13, 2020, DC Public Schools (DCPS) stopped in-person classes for all students due to the pandemic.  Although DCPS resumed virtual education for most students in the community, for the approximately 40 students enrolled in DCPS at the DC Jail complex, all of whom have disabilities and special education needs, DCPS has never resumed classes.  Instead, students have only received inaccessible, inadequate, and inconsistently delivered work packets in place of classes taught by qualified teachers either in-person or virtually.  Although each student has a comprehensive plan tailored to the student’s educational needs called an Individualized Education Program (IEP), which details, among other things, the instruction and related services each student needs to ensure that the student can make progress, DCPS has completely failed to implement these IEPs.  For the past year, students have had virtually no instruction and have not received mental health counseling or other services.

According to Stephanie A. Madison, Attorney at Terris Pravlik & Millan LLP, “Students with disabilities are extremely susceptible to being left behind if not given a proper education. Marginalization is exacerbated for young people that are involved the criminal justice system.  Asking them to fend for themselves regarding their education has the potential to derail their futures.”  A copy of the complaint is here. 

DCist, the digital publication of WAMU 88.5 American University Radio, writing about this suit (see here), explained: “When the pandemic pushed learning online, students in D.C. schools were supplied digital devices and WiFi hotspots so they could participate in virtual classes during the pandemic. But students in the D.C. Jail have mostly received paper packets of work or given limited access to tablets uploaded with digital versions of the packets, the suit says.”

The plaintiffs have moved the Court for a preliminary injunction to bring about a prompt remedy for the students at the DC Jail.