TPM Receives Outstanding Achievement Award from Washington Lawyers' Committee

On June 1, 2022, the Washington Lawyers’ Committee recognized TPM’s work on Charles H., et al. v. District of Columbia by awarding the firm an Outstanding Achievement Award for Commitment to Civil Rights and Justice:

“Since the beginning of the COVID-19 pandemic, DC Public Schools has provided inaccessible, inadequate, and inconsistently delivered work packets in lieu of classes to 40 students with special education needs who are incarcerated at the DC Jail. As a result, these students received virtually no instruction and no mental health counseling or other services in violation of federal education law. In response, Terris Pravlik & Millian LLP, School Justice Project, and the Committee filed suit and in June 2021, a federal judge entered a preliminary injunction ordering the District to provide these students with special education and related services in conformity with their Individual Education Plans within 15 days. In February 2022, a federal court found the District in contempt of the preliminary injunction. We continue to advocate on behalf of the students at the DC Jail to ensure they are provided the education they deserve.”

More information about the award can be found here.

Notice to Plaintiff Class in DL v. District of Columbia

On June 7, 2022, Plaintiffs’ counsel filed a request for an award of attorneys’ fees and expenses in DL v. District of Columbia, a class action related to special education services for preschool-aged children in the District of Columbia. The District of Columbia (the defendant) agreed to pay those fees and expenses and the matter has been submitted to the Court for its approval. Class members may file objections with the Court to the fee request on or before July 29, 2022. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.

DC Held in Contempt for Failing to Comply with Court Order to Provide Special Education to DC Jail Students

Since the beginning of the COVID-19 pandemic in March 2020, students with disabilities at the DC Jail complex have not received the education and related services to which they are entitled under federal law.

On June 16, 2021, the Court found that, inter alia, students were experiencing irreparable harm from the denial of their education and that Plaintiffs were likely to succeed on the merits of their claim. Therefore, the Court provisionally certified the class and ordered the District of Columbia within 15 days to provide the students with “the full hours of special education and related services mandated by their Individualized Education Programs (IEPs) through direct, teacher-or-counselor-led group classes and/or one-on-one sessions, delivered via live videoconference calls and/or in-person interactions.”

However, the District has failed to comply with this order.

On February 16, 2022, Judge Nichols found the District of Columbia in contempt for its failure to comply with the preliminary injunction. Judge Nichols ordered the District to submit individualized plans to ensure that each student will receive the education hours lost since the original preliminary injunction order and to extend eligibility for students past their 22nd birthday for the amount of time necessary for them to receive the education they should have received had the District complied immediately with the preliminary injunction. In addition, he ordered a “remote-learning system fully operational” in the DC Jail by March 15.

In his Contempt Order, Judge Nichols noted that, “every student currently enrolled in the Program remains at an inexcusable educational deficit for this school year—a failure all the more baffling given that the Court entered its Preliminary Injunction months before the school year began.” Judge Nichols further stated “[i]t is beyond doubt (indeed, it is essentially conceded) that Defendants have failed, and are continuing to fail, to comply with the Preliminary Injunction. They have had ample time to do so, yet remain out of compliance.” See the Order here.

The Washington Post, writing about the Court’s order (see here), explained that “while some services have [improved since the beginning of the pandemic], the contempt order revealed deep and persistent failures to operate the high school program. . . .”

Carolyn Smith Pravlik of Terris, Pravlik, and Millian, LLP, who argued the motion, says: “The Judge’s Order sends a clear message to the District that it cannot continue with business as usual but must immediately take effective steps to meet the Court’s injunction and thereby meet the educational needs of the high school students at the DC Jail.”

TPM Announces Stephanie Madison as Newest Partner

Terris, Pravlik & Millian, LLP is pleased to announce that Stephanie Madison has become its newest partner, effective January 1, 2022. Stephanie has demonstrated passion and skill on behalf of our clients since she joined the firm in 2015. Over the last few years, Stephanie has focused on civil rights class actions related to access to Medicaid benefits and special education services. TPM partner Todd Gluckman notes that “We and our clients are extraordinarily lucky to have her here.”

Stephanie received her law degree from Georgetown University Law Center in 2014. Following law school, and before she came to TPM, Stephanie worked at the American Civil Liberties Union as a Litigation Fellow for the National Prison Project. She was part of the litigation team representing clients in class actions challenging conditions in prisons, jails, and immigration detention facilities for constitutional and statutory violations.

Notice to Plaintiff Class in DL v. District of Columbia

On January 4, 2022, plaintiffs’ counsel filed a request for an award of attorneys’ fees and expenses in DL v. District of Columbia, a class action related to special education services for preschool-aged children in the District of Columbia. The District of Columbia (the defendant) agreed to pay those fees and expenses and the matter has been submitted to the Court for its approval. Class members may file objections with the Court to the fee request on or before February 19, 2022. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.

Court Requires District of Columbia to Comply with its Legal Obligation to Post Budget Materials Online

Terris, Pravlik & Millian, LLP (TPM) brought a DC Freedom of Information Act (“DC FOIA”) case against the District of Columbia asking the Superior Court to order the District to turn over budget materials that are required by law to be posted on a District website. The legislative history for the law explains that it was passed to “expand public access to key budget documents so that residents can participate more fully in the budget dialogue, and [to] promote accountability by making the financial operations of the District government more transparent.” TPM sought the materials to help it to monitor the District’s compliance with the injunction in DL v. District of Columbia, which addresses the delivery of special education and related services to preschool-aged children. More information about the DL case is here.

The Mayor asked the Court to dismiss the case, arguing that the documents were exempt from disclosure under DC FOIA or, in the alternative, asking the Court to invalidate the statutory provision at issue rather than order the Mayor to comply with it. The DC Council filed an amicus curiae brief supporting TPM and calling for the documents’ release. On July 23, 2021, the Superior Court rejected the Mayor’s arguments and ordered the District of Columbia to publish online all documents that the statute requires to be public.

The case is Terris, Pravlik & Millian, LLP v. District of Columbia, No. 2020 CA 003087 B, in DC Superior Court. The complaint is here and the Court’s order is here.

Notice to Plaintiff Class in DL v. District of Columbia

On July 6, 2021, plaintiffs’ counsel filed a request for an award of attorneys’ fees and expenses in DL v. District of Columbia, a class action related to special education services for preschool-aged children in the District of Columbia. The District of Columbia (the defendant) agreed to pay those fees and expenses and the matter has been submitted to the Court for its approval. Class members may file objections with the Court to the fee request on or before August 23, 2021. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.

Court Issues Preliminary Injunction Ordering DC to End IDEA Violations at the DC Jail Within 15 Days

On June 16, 2021, Judge Carl J. Nichols of the United States District Court for the District of Columbia entered a preliminary injunction in Charles H. v. District of Columbia, ordering the District of Columbia within 15 days to provide special education to the more than 40 students who are incarcerated at the DC Jail complex. The District must comply by July 1, 2021.

Since the beginning of the COVID-19 pandemic in March 2020, students at the DC Jail complex only received occasional work packets in lieu of classes taught by qualified teachers either in-person or virtually. In April 2021, two students represented by TPM and co-counsel at the Washington Lawyers’ Committee and School Justice Project, filed a lawsuit on behalf of themselves and a class of all other students at the Inspiring Youth Program challenging the District’s failure to provide them with education and other services that they are entitled to receive under federal law and asking the court to issue a preliminary injunction to ensure that students have access to their education.

Judge Nichols found that “Plaintiffs are likely to demonstrate that Defendants did not implement student IEPs to the greatest extent possible throughout the pandemic” because the District failed to properly plan and implement a sufficient remote educational program at the Inspiring Youth Program, and the limited education they did provide did not offer students educational benefit and because the students would suffer irreparable harm, an injunction was warranted.

The court order requires that the District provide all students at IYP “with the full hours of special education and related services mandated by their IEP through direct, teacher-or-counselor-led group classes and/or one-on-one sessions, delivered via live videoconference calls and/or in-person interactions” within 15 days. See the Order here and Opinion here.

Zenia Sanchez Fuentes of Terris Pravlik & Millan LLP, says: “We are thrilled for our brave clients who had the courage and commitment to bring this case to federal court to pursue their education. The Court has told the District of Columbia loudly and clearly that its failure to teach these students during the pandemic must cease within 15 days. We look forward to continuing to vindicate our clients’ federal rights.” 

The Washington Post, writing about the Court’s order (see here), explained: “The judge issued the injunction before the full lawsuit has made its way through court, a sign the [students] made a strong case that they haven’t received an adequate education and need an immediate solution...” The DCist, the digital publication of WAMU 88.5 American University Radio, also wrote about the Court’s order (see here).

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.

TPM, joined by the School Justice Project and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Challenges DC’s Failure to Provide Needed Special Education Services at the DC Jail

On April 9, 2021, TPM filed a class action complaint on behalf of students at the DC jail who are being denied special education services during the pandemic.  Over a year ago, on March 13, 2020, DC Public Schools (DCPS) stopped in-person classes for all students due to the pandemic.  Although DCPS resumed virtual education for most students in the community, for the approximately 40 students enrolled in DCPS at the DC Jail complex, all of whom have disabilities and special education needs, DCPS has never resumed classes.  Instead, students have only received inaccessible, inadequate, and inconsistently delivered work packets in place of classes taught by qualified teachers either in-person or virtually.  Although each student has a comprehensive plan tailored to the student’s educational needs called an Individualized Education Program (IEP), which details, among other things, the instruction and related services each student needs to ensure that the student can make progress, DCPS has completely failed to implement these IEPs.  For the past year, students have had virtually no instruction and have not received mental health counseling or other services.

According to Stephanie A. Madison, Attorney at Terris Pravlik & Millan LLP, “Students with disabilities are extremely susceptible to being left behind if not given a proper education. Marginalization is exacerbated for young people that are involved the criminal justice system.  Asking them to fend for themselves regarding their education has the potential to derail their futures.”  A copy of the complaint is here. 

DCist, the digital publication of WAMU 88.5 American University Radio, writing about this suit (see here), explained: “When the pandemic pushed learning online, students in D.C. schools were supplied digital devices and WiFi hotspots so they could participate in virtual classes during the pandemic. But students in the D.C. Jail have mostly received paper packets of work or given limited access to tablets uploaded with digital versions of the packets, the suit says.”

The plaintiffs have moved the Court for a preliminary injunction to bring about a prompt remedy for the students at the DC Jail. 

TPM Salutes Marjorie Rifkin – the 2021 Recipient of the American Bar Association’s Paul G. Hearne Award for Disability Rights

We send our hearty congratulations to our colleague Marjorie Rifkin who received the American Bar Association’s 2021 Paul G. Hearne Award for Disability Rights at a virtual ceremony on February 19, 2021.  A link to the announcement of Marjorie’s award is here.

Marjorie joined our firm in 2020 to continue her work as co-counsel with TPM, AARP Foundation Litigation, and Disability Rights DC at University Legal Services, in the Brown v. District of Columbia class action brought by nursing facility residents seeking to transition to the community with DC Medicaid long-term care under Title II of the Americans with Disabilities Act.  More information about Brown v. District of Columbia is available here.

TPM’s case to require the District of Columbia to comply with its legal obligation to post budget materials online moves forward

Terris, Pravlik & Millian, LLP (TPM) brought a FOIA case against the District of Columbia asking the Superior Court to order the District to turn over budget materials that are required by DC law to be posted on a District website.  TPM sought the materials to help it to monitor the District’s compliance with the injunction in DL v. District of Columbia, which addresses the delivery of special education and related services to preschool-aged children.  More information about the DL case is here. 

The Mayor moved to dismiss the case.  The DC Council filed an amicus curiae brief supporting TPM.  On February 12, 2021, the Court denied the District’s motion to dismiss.  The case is Terris, Pravlik & Millian, LLP v. District of Columbia, No. 2020 CA 003087 B, in DC Superior Court.  The complaint is here and the Court’s order is here.

Notice to Plaintiff Class in DL v. District of Columbia

On December 23, 2020, plaintiffs’ counsel filed a request for an award of attorneys’ fees and expenses in DL v. District of Columbia, a class action related to special education services for preschool-aged children in the District of Columbia. The District of Columbia (the defendant) agreed to pay those fees and expenses and the matter has been submitted to the Court for its approval. Class members may file objections with the Court to the fee request on or before March 26, 2021. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.

Dental Services for Children on DC Medicaid Cannot Be Subject to Arbitrary Limits Set by a Managed Care Organization

On December 7, 2020, Health Services for Children with Special Needs, Inc. (HSCSN), a managed care organization contracted by the District of Columbia Department of Health Care Finance to provide Medicaid services for children with special health care needs in the District,  reversed its prior decision denying coverage of a panoramic radiographic image, also known as a whole mouth dental x-ray, for one of its members with developmental delays and autism.  HSCSN had denied coverage of the whole mouth dental x-ray because it claimed that the child had reached his limit of one whole mouth dental x-ray every three years. 

Terris, Pravlik & Millian, LLP appealed the decision on behalf of the child, showing that the early and periodic, screening, diagnostic and treatment services (EPSDT) provision of the Medicaid statute (42 U.S.C. § 1396d(r)(3)) includes diagnostic dental services, such as a whole mouth x-ray, “at intervals which meet reasonable standards of dental practice” and that arbitrary limitations on such services are impermissible under federal regulations that require that each (42 U.S.C. 440.230(b)) “service must be sufficient in amount, duration, and scope to reasonably achieve its purpose.” 

In reversing its decision, HSCSN acknowledged that Delta Dental, its dental benefit manager, has EPSDT guidelines for panoramic x-rays that recognize the need for more frequent dental x-rays for children with special needs.  See HSCSN Notification of Resolution of Appeal. 

The American Academy of Pediatric Dentistry Children recognizes that children with special health care needs “may be at an increased risk for oral diseases throughout their lifetime.” See AAPD Management of Dental Patients with Special Health Care Needs.   As explained by The National Maternal and Child Oral Health Resource Center at Georgetown University (Fact Sheet on Oral Health for Children and Adolescents with Special Health Care Needs (SHCN), Challenges and Opportunities, p. 2):

Environmental factors (e.g., cost of care, difficulty finding a dentist willing to treat children with SHCN, dental offices inaccessible to children with physical limitations) and non-environmental challenges (e.g., oral defensiveness, children’s or parent’s fear of the dentist) contribute to unmet oral health needs for children with SHCN. Children with developmental disorders, Down syndrome, autism spectrum disorders, and cerebral palsy face the most barriers to care.

The AAPD’s recommendations for children and individuals with special health care needs does not set forth any numerical limits on radiographs, recognizing that (Prescribing Dental Radiographs for Infants, Children, Adolescents, and Individuals with Special Health Care Needs, p. 1):

Because each patient is unique, the need for dental radiographs can be determined only after consideration of the patient’s medical and dental histories, completion of a thorough clinical examination, and assessment of the patient’s vulnerability to environmental factors that affect oral health.

Moreover, the AAPD recommends specific measures be taken for children with special health care needs, including, “develop[ing] an individualized oral hygiene program that takes into account the unique disability of the patient[,]” the use of sealants, and the need for “[p]atients having severe dental disease to be seen every two or three months or more if indicated.”  See AAPD Management of Dental Patients with Special Health Care Needs.  These recommendations are consistent with the District of Columbia’s Dental Periodicity Schedule, which states that the “[t]iming, selection, and frequency [of a radiographic assessment should be] determined by [the] child’s history, clinical findings, and susceptibility to oral disease.”

Therefore, a denial by a District of Columbia Medicaid Managed Care Organization of a dental x-ray or other dental service for a child with special health care needs, on the sole basis that the child has exceeded an arbitrary limit for that dental service, is improper.  Such a coverage decision can be reversed with additional information provided by your dentist or with an administrative appeal to your child’s managed care organization. 

If your child is having problems getting coverage of dental services, call our Medicaid Hotline (202-682-0578), leave a message with your name, the issue you are having, and your telephone number.  One of our paralegals will contact you as soon as possible and within one business day.  Legal services on behalf a DC Medicaid eligible child under the age of 21 who has been denied or is having problems receiving a recommended medical or dental service are free of charge.

Hiatus to FOIA Responses Repealed

On September 17, 2020, we posted about the fact that we joined other advocates to urge DC to rescind the hiatus in FOIA responses during the COVID-19 public health emergency.  We are happy to report that the Council thereafter repealed that hiatus and the FOIA system is set to return to normal as of January 15, 2021, except where additional time is needed if there is a significant COVID-related risk posed by review of hard copy files.

TPM Joins Other Advocates to Urge DC to Rescind the Hiatus in FOIA Responses During the COVID-19 Public Health Emergency

The DC Freedom of Information Act (FOIA) was put on hold this spring due to the COVID-19 public health emergency.  At that time, DC passed emergency legislation that permitted its agencies to stop responding to FOIA requests until the public health emergency is over, even if the agency could safely process the requests.  This complete halt in public access to government information is harmful to our democracy and is entirely unnecessary since most public information could be produced without any risk of infection.

Terris, Pravlik & Millian, LLP has joined several advocacy organizations to urge the D.C. Council to restore the government’s FOIA obligations.  The request recognizes that there could be some circumstances in which production of information could be made difficult or dangerous due to COVID-19, and explains that, in those circumstances, agencies could extend the deadlines upon written notice of the specific health or safety justification.

Click here to read and support the letter.

TPM Joins Education Advocates to Demand that DCPS and OSSE Provide Appropriate Education to Detained Youth

Terris, Pravlik & Millian, LLP joined several legal advocacy organizations to urge Dr. Lewis Ferebee, Chancellor of the D.C. Public Schools, and Hanseul Kang, State Superintendent of Education, to create a comprehensive plan for the 2020-2021 school year that provides education services to students with disabilities detained in the District’s correctional facilities in compliance with the Individuals with Disabilities in Education Act (IDEA) and Section 504 of the Rehabilitation Act.  The letter describes the complete lack of adequate education for this vulnerable population since the inception of the COVID-19 pandemic.

The letter was signed by Terris, Pravlik & Millian, LLP, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, School Justice Project, Georgetown Law Juvenile Justice Initiative, and Advocates for Justice and Education, Inc.

Click here to read the letter and here to read the DCist’s coverage of the letter.

Margy Kohn and Marjorie Rifkin Join TPM As Of Counsel

Terris, Pravlik & Millian, LLP is proud to announce that two top-notch public interest litigators—Margy Kohn and Marjorie Rifkin—have joined TPM as Of Counsel.  Both have committed their careers to public service and bring their decades of legal experience to TPM.  Margy Kohn is an expert in issues related to special education and is a critical member of the team working on DL v. District of Columbia .  Her bio is here.  Marjorie Rifkin is an expert in disability rights and is a critical member of the team working on Brown v. District of Columbia.  Her bio is here.  We look forward to continuing our work with Margy and Marjorie. 

Black Lives Matter.

As a public interest law firm committed to environmental and civil rights for over 50 years, Terris, Pravlik & Millian stands with the DC community and with Black people across the country against discrimination, brutality, and systemic racism in all forms.  We are deeply saddened and angered by the murder of George Floyd at the hands of the police.  We also grieve the lives of Breonna Taylor, Ahmaud Arbery, and countless others. 

While TPM strives to achieve justice though legal means, we also recognize that throughout history and even today, the law has been used as a weapon to deny justice to Black people.  As lawyers, we firmly believe that the Constitution must be fairly applied and enforced, whether it is on the street or in the courtroom. We will continue to advocate for the rights of all people, especially those who are underserved and underrepresented in the legal system. 

Black lives matter now and always.

Letter Urging the District of Columbia Government to Immediately Address the Life-Threatening Incidence of COVID-19 in Nursing Facilities

Terris, Pravlik & Millian, LLP, represents nursing home residents with AARP Foundation and Disability Rights DC at University Legal Services in Brown v. District of Columbia.  We have collectively urged the District of Columbia to immediately address the life-threatening incidences of COVID-19 in nursing facilities in DC.  See that letter here.

Click here for additional information regarding this case.