United States Weighs in with a Statement of Interest Supporting the Enforcement Suit TPM Filed with CLASI Alleging that DE Is Illegally Denying Education to Incarcerated Students with Disabilities

On August 13, 2024, the United States filed a Statement of Interest supporting the Community Legal Aid Society, Inc. (CLASI) of Delaware on several important legal issues in their enforcement suit to require Delaware to provide appropriate education to incarcerated students with disabilities.  The United States underscored the right of students who are incarcerated to receive special education and related services under the Individuals with Disabilities Education Act (IDEA).  It explained just how important this education is—“[t]hirty to eighty percent of children and young adults in these facilities have disabilities.”  The United States’ Statement of Interest can be found here. A press release from CLASI and TPM regarding the Statement of Interest can be found here.

The federal court in Delaware now has before it CLASI’s motion for a preliminary injunction and Defendants’ motion to dismiss the case.  The motions will be argued on September 19, 2024. 

Todd Gluckman, a partner at TPM explains: “The DOJ has expertise in this area and its capacity to file statements of interest is limited.  The fact that it saw this as a case in which to offer the position of the United States underscores the importance of this case and the issues being litigated here.”

CLASI’s enforcement suit was filed by TPM and CLASI on May 23, 2024, 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.  Further detail about the case can be found here.

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