NEWS & ANNOUNCEMENTS
TPM Partner Todd Gluckman Testifies at D.C. Council Oversight Hearing Related to Special Education Issues
On November 20, 2024, TPM Partner Todd Gluckman testified before the D.C. Council Committee of the Whole at an oversight hearing related to special education. The Council heard extensive testimony from parents, teachers, policy experts, and others related to substantial problems with the District’s special education system. Chairman Phil Mendelson and Councilmember Christina Henderson expressed significant concerns regarding the problems detailed in the testimony.
Mr. Gluckman testified regarding proposed legislation to address some of the problems related to students with disabilities who are educated in separate—“self-contained”—classes, and the ongoing need to achieve compliance with the injunction issued against the District in 2016 by the federal court in DL v. District of Columbia. That injunction is designed to ensure that preschool-aged children obtain needed special education services. The written version of Mr. Gluckman’s initial remarks is here.
United States Weighs in with a Statement of Interest Supporting the Enforcement Suit TPM Filed with CLASI Alleging that DE Is Illegally Denying Education to Incarcerated Students with Disabilities
On August 13, 2024, the United States filed a Statement of Interest supporting the Community Legal Aid Society, Inc. (CLASI) of Delaware on several important legal issues in their enforcement suit to require Delaware to provide appropriate education to incarcerated students with disabilities. The United States underscored the right of students who are incarcerated to receive special education and related services under the Individuals with Disabilities Education Act (IDEA). It explained just how important this education is—“[t]hirty to eighty percent of children and young adults in these facilities have disabilities.” The United States’ Statement of Interest can be found here. A press release from CLASI and TPM regarding the Statement of Interest can be found here.
The federal court in Delaware now has before it CLASI’s motion for a preliminary injunction and Defendants’ motion to dismiss the case. The motions will be argued on September 19, 2024.
Todd Gluckman, a partner at TPM explains: “The DOJ has expertise in this area and its capacity to file statements of interest is limited. The fact that it saw this as a case in which to offer the position of the United States underscores the importance of this case and the issues being litigated here.”
CLASI’s enforcement suit was filed by TPM and CLASI on May 23, 2024, challenging the long-standing and systemic failures of the Delaware Department of Education (DDOE), and its Adult and Prison Education Resources Workgroup (APER), to provide special education services to incarcerated students with disabilities in violation of federal and Delaware law. Further detail about the case can be found here.
If you have any questions, please contact Todd Gluckman at tgluckman@tpmlaw.com or 202-204-8482.
TPM Files FOIA Action to Obtain Information about Government Monitoring of Vulnerable Youth Entering the U.S. for the Young Center for Immigrant Children’s Rights and Immigrant Defenders Law Center
Nearly 11 months ago, Young Center for Immigrant Children’s Rights (Young Center) and Immigrant Defenders Law Center (ImmDef) requested records from the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) pertaining to the Young Adult Case Management Program (YACMP). YACMP is designated by ICE as an “Alternative to Detention” program. It subjects some youth and families to monitoring during the pendency of their immigration proceedings. Young Center and ImmDef work closely with youth who have entered the United States unaccompanied and who have been automatically enrolled in YACMP. Young Center and ImmDef are concerned about the impact of the program on vulnerable youth and their families. Details related to YACMP, including details related to the criteria for referral and enrollment in YACMP, the monitoring that takes place pursuant to YACMP, the reporting obligations on the youth enrolled in the program, and the consequences for violating those obligations, are unknown to the public and attorneys and other advocates for these youth.
Under the Freedom of Information Act (FOIA), federal agencies must notify requestors within 20 days of the request which records will be produced and then must promptly produce the records. Neither ICE nor DHS produced any of the requested records in the 11 months since the FOIA request, nor have they indicated whether or when they will produce any records.
On July 17, 2024, Terris, Pravlik & Millian, LLP (TPM) filed a lawsuit to enforce FOIA against DHS, ICE, and DHS’s Office for Civil Rights and Civil Liberties asking the United States District Court for the District of Columbia to order the agencies to produce the documents promptly. A copy of the complaint is here.
If you have any questions about the case, please call Jaclyn Deitch at 202-204-8473.
TPM and Community Legal Aid Society, Inc. (CLASI) File Federal Lawsuit Alleging that Delaware Illegally Denies Education to Incarcerated Students with Disabilities
On May 23, 2024, TPM and the Community Legal Aid Society, Inc. (CLASI) of Delaware, the state’s Protection and Advocacy System (P&A), filed a federal lawsuit challenging the long-standing and systemic failures of the Delaware Department of Education (DDOE), and its Adult and Prison Education Resources Workgroup (APER), to provide special education services to incarcerated students with disabilities in violation of federal and Delaware law. CLASI is the plaintiff in the lawsuit. A press release about the lawsuit issued by CLASI and TPM can be found here.
Delaware is required to provide special education and related services to all students with disabilities, including those who are incarcerated, until the end of the school year in which they reach age 22, as mandated by the Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (“ADA”), and state law.
The lawsuit details evidence of widespread failures by DDOE and APER to comply with the law, as these agencies continually deprive students with disabilities of any meaningful education while they are incarcerated. The Complaint can be found here.
CLASI has also filed a motion for a preliminary injunction asking the U.S. District Court for the District of Delaware to order the DDOE and APER to remedy their ongoing failures, comply with the law, and develop and implement policies and procedures to ensure that all students with disabilities receive an appropriate public education as required. The brief in support of the motion for preliminary injunction can be found here.
Todd Gluckman, Partner at Terris, Pravlik & Millian, LLP, explains: “Delaware is and has been violating the rights of students with disabilities, who are incarcerated, yet retain their full rights to an education and other related services that they need to access their education, like counseling. Without a high school education, these students are at increased risk to end up back in prison again. CLASI’s complaint shows that these are not isolated problems—Delaware’s entire system for incarcerated students with disabilities is not functioning as required under the law. CLASI’s efforts to try to solve the problems one student at a time have not worked. CLASI is asking the Court for a prompt injunction to require the Delaware agencies to comply with the plain language of the federal and Delaware laws and provide the students with the free appropriate public education that they need. We are very pleased to partner with CLASI and to represent it in this action.”
Coverage of this lawsuit can be seen here and here.
If you have any questions, please contact Todd Gluckman at tgluckman@tpmlaw.com or 202-204-8482.
Notice to Plaintiff Class in DL v. District of Columbia
On May 15, 2024, 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 8, 2024. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.
Notice to Plaintiff Class in DL v. District of Columbia
On December 21, 2023, 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 22, 2023. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.
Federal Court Gives Final Approval to the Settlement to Vindicate the Education Rights of Students with Disabilities at the DC Jail
On January 15, 2024, Judge Carl J. Nichols granted final approval to the 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 who are still at the DC Jail and provides significant compensatory education packages which provide funds to students who were deprived of their education during the COVID-19 pandemic. The compensatory education funds can be used by the students or former students for education purposes such as tutoring, counseling, and post-secondary opportunities.
The District’s implementation of the Settlement Agreement will take place under the oversight of Grace Lopes who will serve as the third-party auditor to review and report on the District’s compliance with the terms of the Settlement Agreement. Ms. Lopes’ first report is due on January 30, 2024. The federal court will retain jurisdiction to consider any necessary motions to enforce the Settlement Agreement if there is non-compliance.
The Settlement Agreement is here. The Judge’s Order granting final 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/
TPM Is Pleased to Announce that Sarah A. Adams Has Become a Partner
Terris, Pravlik & Millian, LLP is pleased to announce that Sarah A. Adams has joined the partnership of the law firm, effective January 1, 2024. As a partner, Sarah will continue her work furthering the mission of TPM to advocate for civil rights and the environment. Sarah has concentrated her practice on environmental litigation and on representing plaintiffs fighting discrimination under the Individuals with Disabilities Education Act (IDEA). Sarah is also active as a manager of the firm’s business.
Sarah earned her Juris Doctorate, with honors, from George Washington University National Law Center in 1994 and is admitted to the bar in the District of Columbia, Maryland, the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Sixth Circuit, and the U.S. Supreme Court. She holds three bachelor’s degrees from the University of Maryland in Biological Sciences, Marketing, and East Asian Languages. Sarah first joined the firm in 1997 and became a partner in 2002. She then took a hiatus from the practice of law from 2004 to 2018, when she rejoined the firm as Senior Counsel.
Longtime TPM partner Kathleen Millian notes that “Sarah brings dedication, strategic thinking, and practical knowledge to the work of the firm. We are very pleased that she will be rejoining our partnership.” Along with Ms. Millian, all of Sarah’s colleagues at TPM welcome her promotion and look forward to the contribution that her partnership will bring to the important civil rights and environmental work of TPM.
Notice to Members of the Plaintiff Class in the Charles H. v. DC Case Brought to Enforce the Education Rights of Students with Disabilities Who Were at the DC Jail from March 2020 to Now
Judge Carl J. Nichols will hold a fairness hearing on December 18, 2023, at 10 AM at the United States Courthouse in Washington, DC to consider whether to approve the Settlement Agreement.
Notice to members of the class about the Settlement Agreement and their rights under it and the opportunity to object to it is here.
More information is available about the settlement. The Settlement Agreement is here . The Judge’s Order granting preliminary approval is here.
For free advice about the Settlement Agreement and your rights under it, contact Plaintiffs’ lawyers at 202-240-7704 or DCJailEducationSettlement@sjpdc.org. If you are at the DC Jail and have access to a tablet, you may contact Tayo Belle, Esq.
Aviso para los miembros de la clase demandante en el caso Charles H. contra DC, destinado a hacer valer los derechos educativos de estudiantes con discapacidades que han estado en la cárcel de DC desde marzo del 2020 hasta la fecha actual
El Juez Carl J. Nichols llevará a cabo una audiencia de imparcialidad el 18 de diciembre de 2023, a las 10 am en el Tribunal de los Estados Unidos en Washington, DC, para evaluar si aprueba el Acuerdo de Conciliación.
Un aviso para los miembros de la clase acerca del Acuerdo de Conciliación y sus derechos en virtud de este, así como la oportunidad de presentar objeciones se encuentra aquí.
Hay más información disponible acerca de la conciliación. Puede encontrar más información sobre el Acuerdo de Conciliación aquí. La Orden del Juez otorgando la aprobación preliminar está aquí.
Si desea obtener asesoramiento gratuito sobre el Acuerdo de Conciliación y sus derechos en virtud de este, póngase en contacto con los abogados de los Demandantes al 202-240-7704 o a través de DCJailEducationSettlement@sjpdc.org. Si se encuentra en la cárcel de DC y tiene acceso a una tableta, puede comunicarse con Tayo Belle, Esq.
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/
TPM Mourns the Loss of Edward L. Lloyd, Our Great Friend, Co-Counsel, and Environmental Stalwart
With great sadness, we mark the passing of our friend and co-counsel Edward Lloyd on August 5, 2023. Ed was our comrade-in-arms and co-counsel for over four decades in pursuing environmental citizen suit litigation to clean up the land and waterways of New Jersey.
Ed is pictured here in 1989 with our founding partner Bruce Terris at a hearing concerning environmental enforcement efforts in New Jersey. Ed was a major leader of the environmental movement in New Jersey as an organizer, lawyer, advocate, environmental law professor, and member of the Pinelands Commission.
We feel Ed’s loss keenly and send his family and friends our deepest condolences.
TPM Partner Michael Huang Appointed to the American Bar Association Standing Committee on the Federal Judiciary
TPM Partner Michael L. Huang has been appointed by the American Bar Association President Mary Smith to a three-year term on the Standing Committee on the Federal Judiciary as its D.C. Circuit representative.
Since 1953, the Committee has carried out an important public service in evaluating the professional qualifications of nominees to the federal bench, including the United States Supreme Court, the circuit courts of appeals, district courts (including the territorial district courts), and the Court of International Trade. In conducting evaluations, the Committee focuses strictly on nominees’ integrity, professional competence, and judicial temperament, without regard to political affiliation or ideology. The Committee submits its final rating of nominees to the White House, the Senate Judiciary Committee, and the United States Department of Justice to assist in the confirmation process.
TPM congratulates Michael on his appointment and applauds his willingness to carry out this important public service.
Notice to Plaintiff Class in DL v. District of Columbia
On June 30, 2023, 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 21, 2023. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.
TPM Mourns the Passing of Our Friend and Colleague Bruce A. Bell, Ph.D., P.E., BCEE
For forty years, Terris, Pravlik & Millian, LLP had the benefit of the environmental engineering expertise, the wise counsel, and the warm sense of humor of our friend and colleague Bruce Bell, who passed away on June 7, 2023, in Boston, Massachusetts, following an illness.
Bruce stood shoulder-to-shoulder with us through dozens of legal battles over four decades to vindicate our clients’ interests in protecting the environment. TPM partner Carolyn Smith Pravlik said, “Bruce was the gold standard as an expert. He was able to explain complex technical issues so that a judge could understand them and was absolutely unflappable on cross-examination.” We will miss Bruce and send our deepest condolences to his family and friends.
TPM Files FOIA Action for the Maryland Transit Opportunities Coalition to Obtain Access to Unreleased Documents Regarding I-495 and I-270 Toll Lanes
Nearly one year ago, the Maryland Transit Opportunities Coalition (MTOC) sought procurement and planning documents from the Federal Highway Administration (FHWA) related to a major planned toll lane project for I-495 & I-270 in Maryland and the American Legion Bridge between Maryland and Virginia. FHWA has failed to produce the requested documents for almost a year despite a 20-day time limit. On April 3, 2023, Terris, Pravlik & Millian, LLP (TPM) sued for the release of the documents (Maryland Transit Opportunities Coalition v. Federal Highway Administration (D.D.C. Civ. No. 23-894 (RDM)). Click here for the Complaint. On April 3, 2023, MTOC described the importance of these documents as follows:
“The toll lane scheme was plagued with secrecy from the beginning,” MTOC chair Ben Ross said. “Whatever happens next on the American Legion Bridge, full disclosure of the backroom deals that brought us to this point is essential to protect the public interest.”
A critical piece of the lawsuit is the mysterious “Capital Beltway Accord” between Maryland and Virginia. Former governors Larry Hogan and Ralph Northam held an elaborate signing ceremony in November 2019, but the text of the deal was never made public. It emerged later that the two states were still working out the details, and no final agreement had been signed.
In April 2022, Maryland officials admitted that there was a “draft agreement, drafted term sheet and two bi-state cooperation letters” but refused to release them. MTOC then submitted its FOIA request for these and other toll lane documents to FHWA. Eleven months later, the Federal agency has yet to respond. Under FOIA, a response is supposed to be issued within 20 days and documents released promptly after.
“Secret deals are no way to conduct the people’s business,” Ross said. “For the sake of accountability, let's put all the facts in front of the public before any more decisions are made.”
On April 3, 2023, Montgomery Community Media covered the case (“Transit Coalition Sues Federal Highway Administration for Road Widening Documents,” available here). On April 13, 2023, Maryland Matters covered the case as well (“Transit group asks federal judge to compel release of toll lane proposal documents,” available here).
Shortly after the complaint was filed, on April 14, 2023, the Maryland Transit Opportunities Coalition received a partial response to the FOIA request producing some of the documents and withholding others. The Maryland Transit Opportunities Coalition is reviewing the FOIA response to determine its adequacy.
If you have any questions about the case, please call Daniel Franz at 202-204-8473.
District of Columbia Now Requiring Medicaid Recipients to Renew Their Coverage
Starting on April 1, 2023, and continuing through June 2024, all DC Medicaid recipients will be required to renew their coverage. In March 2020, DC Medicaid renewals were suspended as part of the COVID-19 Public Health Emergency. As a result, for the past three years, DC Medicaid recipients have not been required to renew their coverage but they will all have to do so now.
As the renewal period opens, DC Medicaid recipients should update their contact information, especially their mailing address, through the District Direct portal (www.districtdirect.dc.gov/ua).
DC’s Medicaid agency will review your family’s information and will mail you a notice regarding your Medicaid eligibility at the address they have on record for you. If the District finds that you are still eligible, you will not have to take any action. If the District needs more information to decide if you are still eligible for Medicaid, the notice will provide instructions to fill out renewal forms. The renewal period will continue until June 2024, so do not be alarmed if you do not receive your notice immediately.
For more information about the renewal process, click here. If you need assistance filling out and submitting your DC Medicaid renewal forms, you can contact the District’s helpline at 202-727-5355. If you need further help regarding your Medicaid coverage, for example, if you lose your coverage without having received any prior written notice, please contact our law firm at 202-682-0578 and we may be able to assist you.
DC Medicaid Beneficiaries Win Reversal in Federal Appeals Court Which Allows Them to Press their Claims That the District of Columbia Fails to Provide Due Process
Maldonado v. District of Columbia is a class action filed in 2010 by Terris, Pravlik & Millian, LLP (TPM) and the National Health Law Program on behalf of District of Columbia Medicaid beneficiaries and applicants which seeks to establish their constitutional right to receive procedural due process, in the form of individualized written notice, when their claims for prescription drug coverage are denied at the pharmacy.
In March 2022, the district court dismissed the case as moot. This was the third time the district court had dismissed the case.
Today, the United States Court of Appeals for the District of Columbia Circuit reversed the lower court’s decision, as it had done twice before.
In a unanimous opinion by Senior Judge David S. Tatel, the Court of Appeals held that the District of Columbia failed to meet its “heavy burden of demonstrating mootness” when it relied solely on a 2020 policy which it claimed was “largely successful” in requiring pharmacies to provide Plaintiffs with individualized written notice. Because the lower court had been presented with “evidence that pharmacies are in fact failing to provide notice,” the Court of Appeals concluded that “the case is no more moot than Brown v. Board of Education would have been if, in the wake of the Supreme Court’s 1954 decision, the Topeka Board of Education had issued a memorandum directing its schools to desegregate and record evidence demonstrated that Black children were still attending segregated schools.” The Court of Appeals further instructed the district court “to proceed expeditiously with discovery and allow plaintiffs to make their case.”
“Today’s decision is emphatic that the high standard for mootness cannot be met by simply having a policy on paper,” said TPM partner Michael L. Huang, who argued the appeal. “After thirteen years without progress, Plaintiffs look forward to finally having their case resolved on the merits.”
Jane Perkins, Litigation Director for the National Health Law Program, commented that: “The problems in the District of Columbia are by no means unique. Medicaid beneficiaries, nationwide, are leaving their pharmacies each day without the necessary prescriptions, empty-handed with no explanation of why they have been told no. The D.C. Plaintiffs now have the opportunity to engage in discovery from the Medicaid agency and to shed light on this issue as they prove their case in court.”
Follow the links to download the Court of Appeals’ opinion and order.
Message Regarding COVID-19 Public Health Emergency
At Terris, Pravlik & Millian, LLP, we are working hard to continue serving our clients during the on-going COVID-19 pandemic. We are operating on our regular office schedule, but many of our lawyers are working from home. Our office is not open for clients to visit without an appointment.
If you are calling our Medicaid Hotline (202-682-0578), please 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. DC Medicaid beneficiaries whose coverage would have otherwise expired as of March 2020 or later will have their Medicaid benefits automatically extended during the COVID-19 federal public health emergency and they do not need to take any action to extend the benefits.
The District of Columbia has compiled information regarding the specific effects of the COVID-19 pandemic on Medicaid beneficiaries, which can be found here.
We wish everyone good health as we work together to combat this public health emergency and we will continue to help in any way we can. To contact us or schedule an appointment, simply give us a call at 202-682-2100 or send us a message here.
Notice to Plaintiff Class in DL v. District of Columbia
On December 21, 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 6, 2023. For additional detail, click here for a copy of the notice related to this motion. Click here for additional information regarding this case.
TPM Fights for Public Access to Budget Documents in the District of Columbia Court of Appeals
In 2020, Terris, Pravlik & Millian, LLP (TPM) brought a D.C. Freedom of Information Act (“D.C. FOIA”) case against the District of Columbia. TPM asked the D.C. Superior Court to order the District to turn over budget materials that reflect determinations by D.C. agencies about how much money they need to do their work. D.C. law requires that information be made public and posted on a District website. As discussed here, on July 23, 2021, the Superior Court rejected the Mayor’s arguments that she was entitled to withhold the documents and ordered them to be placed online.
That order was stayed pending the Mayor’s appeal to the D.C. Court of Appeals. In that appeal (District of Columbia v. Terris, Pravlik & Millian, LLP (No. 21-CV-543)), the Mayor seeks to have the D.C. FOIA provision at issue declared invalid, contending that the budget transparency imposed by statute would violate the District Charter. Oral argument was held before the Court of Appeals on September 28, 2022 (recording here). The case is pending decision.
On October 14, 2022, the Washington City Paper reported on this matter in an article titled, “Bowser Fights Budget Transparency. No One Is Surprised.” Click here for that article.