The U.S. Department of Justice Submits Statement of Interest in DC Jail case

On April 9, 2021, TPM, along with co-counsel at the Washington Lawyers’ Committee and School Justice Project, filed a class action on behalf of students with disabilities at the DC Jail complex challenging the District of Columbia’s failure to provide special education services and a free and appropriate public education (FAPE) throughout the COVID-19 pandemic.  On April 12, we filed a motion for a preliminary injunction which shows that the District’s failure to provide any direct instruction throughout the pandemic, and only providing students with work packets, is not FAPE and the Court should order effective injunctive relief. 

On May 26, 2021, the United States Department of Justice filed a Statement of Interest in the case, explaining that the United States “has an interest in ensuring the appropriate and consistent interpretation of the [Individuals with Disabilities Education Act (IDEA)] and its implementing regulations . . . . [and] also has an interest in ensuring that the IDEA protections continue to apply during emergencies such as the COVID-19 pandemic.”

The United States explained that students with disabilities in adult correctional facilities are entitled to special education and related services under the IDEA and the responsibility of state and local education agencies to provide special education and related services exists during the COVID-19 pandemic despite challenges.  The United States further explained that special education and related services must be designed to meet a student’s unique needs and cited cases in which courts have found packet-based instruction to be insufficient under the IDEA, particularly when it is the sole method of instruction.

The United States emphasized the federal resources available to state and local education agencies which can be used to overcome the challenges posed by remote learning in correctional settings.  The Statement noted that the Department of Education has explained that educational agencies have “considerable flexibility” in how they use federal IDEA funds during the COVID-19 pandemic.

Lastly, the United States stated that compensatory education may be required when a school district denies students special education and related services, including during the COVID-19 pandemic.  The Statement of Interest is available here.