TPM and Community Legal Aid Society, Inc. (CLASI) File Federal Lawsuit Alleging that Delaware Illegally Denies Education to Incarcerated Students with Disabilities

On May 23, 2024, TPM and the Community Legal Aid Society, Inc. (CLASI) of Delaware, the state’s Protection and Advocacy System (P&A), filed a federal lawsuit challenging the long-standing and systemic failures of the Delaware Department of Education (DDOE), and its Adult and Prison Education Resources Workgroup (APER), to provide special education services to incarcerated students with disabilities in violation of federal and Delaware law. CLASI is the plaintiff in the lawsuit.  A press release about the lawsuit issued by CLASI and TPM can be found here.

Delaware is required to provide special education and related services to all students with disabilities, including those who are incarcerated, until the end of the school year in which they reach age 22, as mandated by the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (“ADA”), and state law.

The lawsuit details evidence of widespread failures by DDOE and APER to comply with the law, as these agencies continually deprive students with disabilities of any meaningful education while they are incarcerated.  The Complaint can be found here.

CLASI has also filed a motion for a preliminary injunction asking the U.S. District Court for the District of Delaware to order the DDOE and APER to remedy their ongoing failures, comply with the law, and develop and implement policies and procedures to ensure that all students with disabilities receive an appropriate public education as required.  The brief in support of the motion for preliminary injunction can be found here.

Todd Gluckman, Partner at Terris, Pravlik & Millian, LLP, explains: “Delaware is and has been violating the rights of students with disabilities, who are incarcerated, yet retain their full rights to an education and other related services that they need to access their education, like counseling.  Without a high school education, these students are at increased risk to end up back in prison again.  CLASI’s complaint shows that these are not isolated problems—Delaware’s entire system for incarcerated students with disabilities is not functioning as required under the law.  CLASI’s efforts to try to solve the problems one student at a time have not worked.  CLASI is asking the Court for a prompt injunction to require the Delaware agencies to comply with the plain language of the federal and Delaware laws and provide the students with the free appropriate public education that they need.  We are very pleased to partner with CLASI and to represent it in this action.”

Coverage of this lawsuit can be seen here and here.

If you have any questions, please contact Todd Gluckman at tgluckman@tpmlaw.com or 202-204-8482.