Federal Court Preliminarily Approves the Settlement Agreement to Vindicate the Education Rights of Students with Disabilities at the DC Jail

On October 18, 2023, Judge Carl J. Nichols granted preliminary approval to a Settlement Agreement in the 2021 class action brought by Terris, Pravlik & Millian, LLP, and our partners Washington Lawyers’ Committee for Civil Rights and Urban Affairs and School Justice Project. 

Under the Settlement Agreement, the District must fulfill its obligations under the Individuals with Disabilities Education Act (IDEA) to educate high school students at the DC Jail who have disabilities. The Settlement Agreement sets out improvements to polices and procedures for delivering education to students at the DC Jail and provides meaningful compensatory education packages to students who were deprived of their education during the COVID-19 pandemic. The compensatory education packages will provide the students with funding for tutoring, counseling, and post-secondary opportunities. During the term of the Settlement Agreement, Grace Lopes will serve as the third-party auditor to report on the District’s compliance with the terms of the Settlement Agreement. The federal court will retain jurisdiction to consider any necessary motions to enforce the Settlement Agreement if there is non-compliance.

 A fairness hearing will be held on December 18, 2023, at 10 AM at the United States Courthouse before Judge Nichols. 

The Settlement Agreement is here. The Judge’s Order granting preliminary approval is here.

News coverage about the landmark settlement can be found at dcist and The Washington Post. 

 https://dcist.com/story/23/09/25/dc-settles-lawsuit-failure-provide-education-dc-jail/

 https://www.washingtonpost.com/education/2023/09/25/dcps-settles-lawsuit-incarcerated-high-school-students/

Michael Huang