CLASI v. Delaware Adult and Prison Education Resources Workgroup, et al.
D. Del., Civ. No. 1:24-cv-00615
On May 23, 2024, TPM and Delaware’s Community Legal Aid Society, Inc. (CLASI), the state’s Protection and Advocacy System, filed a federal lawsuit against the Delaware Department of Education (DDOE) and its Adult and Prison Education Resources Workgroup (APER). The suit challenged systemic failures to provide legally required special education services to incarcerated students with disabilities aged 18–22.
The complaint outlined how DDOE and APER repeatedly violated federal and state law, denying these students any meaningful education while incarcerated.
On December 2, 2025, the Court approved the parties’ agreement to settle the lawsuit. The Consent Decree mandates sweeping reforms, including:
· Revised policies and procedures to guarantee special education services;
· Strict timelines for APER to deliver educational support;
· Increased daily instructional time for students with disabilities;
· Appointment of an independent evaluator to monitor compliance; and
· Up to three years of extended eligibility so students can earn a high school diploma.
CLASI and TPM will work closely with DDOE and APER to ensure that these commitments are met.
Press coverage of this lawsuit can be seen here and here.