Federal Court Grants Enforcement Order Ruling that DC Must Perform Its Obligations Under a Settlement Agreement and Provide Specialized Education and Related Services to Students at the DC Jail
In September 2023, the Plaintiff class of students with disabilities aged 18-22 at the D.C. Jail who did not receive their special education services during the Covid pandemic settled their lawsuit against the District of Columbia by entering a Settlement Agreement. Terris, Pravlik & Millian, LLP, (TPM) represented the Plaintiff class in Charles H. v. District of Columbia, along with co-counsel from School Justice Project and Washington Lawyers’ Committee for Civil Rights and Urban Affairs. The Settlement Agreement required the District of Columbia, among other obligations, to immediately provide all required specialized instruction and related services to the students in the DC Jail. The Agreement also had several provisions related to monitoring DC’s compliance by a Third-Party Auditor that would have expired in August 2025.
However, DC has failed to comply with the Settlement Agreement, resulting in students at the DC Jail being deprived of a free appropriate public education after the Settlement Agreement was entered. In September 2024, the Plaintiff class moved the Court to enforce the Settlement Agreement. On March 14, 2025, federal Judge Carl Nichols ruled that because DC had not been in compliance with the Agreement, the Court would enforce the Agreement by requiring DC to perform its obligations for an additional year, until August 2026, or until January 2026 if DC immediately complies with the Agreement and maintains its compliance. During that period, the Third-Party Auditor and counsel for the Plaintiff class will continue to monitor DC’s performance.
A copy of the Order can be found here.