DDC Enjoins District of Columbia for IDEA Violations

Yesterday, Judge Lamberth of the U.S. District Court for the District of Columbia issued an opinion and order finding D.C. in violation of the Individuals with Disabilities Education Act.  In DL v. District of Columbia, --- F.Supp.2d ----, 2011 WL 5555877 (D.D.C., Nov. 16, 2001), Judge Lamberth concluded that the District failed to provide a free appropriate public education "to a substantial number of District of Columbia children with disabilities, ages three to five years old"; that it "failed to identify and provide timely initial evaluations to all preschool-age children with disabilities in the District of Columbia"; and that it failed to comply with its legal obligation to ensure a smooth transition from early intervention services under IDEA Part C to preschool programs under IDEA Part B.  The court issued an injunction that imposed a number of procedural requirements on D.C.'s preschool special-education programs, and that also imposed the following numerical requirements:

147. Defendants shall ensure that at least 8.5 percent of children between the ages of three and five years old, inclusive (hereafter, “preschool children”), who reside in or are wards of the District of Columbia, are enrolled in special education and related services under Part B of the IDEA. Until the target of 8.5 percent is reached, defendants shall: 

(a) Increase the number of referrals of preschool children that defendants obtain by 25 percent in the first full year, starting on the first of the next month after the date of this Memorandum Opinion and accompanying Order, and an additional 20 percent each subsequent year; and 

(b) Increase the percentage of preschool children in the District of Columbia enrolled in Part B by 1 percent in the first full year, starting on the first of the next month after the date of this Memorandum Opinion and accompanying Order, and an additional 0.5 percent each subsequent year.

148. Defendants shall ensure that at least 95 percent of all preschool children referred for Part B services receive a timely initial evaluation. 

(a) Until the target of 95 percent is reached, defendants shall increase the percentage of preschool children referred for Part B services who receive a timely initial evaluation by 10 percent in the first full year, starting on the first of the next month after the date of this Memorandum Opinion and accompanying Order, and an additional 5 percent each subsequent year. 

(b) An initial evaluation shall be considered timely if it is completed within the period then-prescribed by federal and local statute. According to local statute, defendants currently have 120 days from the date of referral to provide a timely initial evaluation. “Date of referral” is defined as the date on which defendants receive a written or oral request for assessment of a preschool child including the child's name and age, the parent's or guardian's name, mailing address or telephone number, and the basis for referral.

149. Defendants shall ensure that at least 95 percent of all preschool children referred for Part B services receive a timely eligibility determination. 

(a) Until the target of 95 percent is reached, defendants shall increase the percentage of preschool children referred for Part B services who receive a timely eligibility determination by 10 percent in the first full year, starting on the first of the next month after the date of this Memorandum Opinion and accompanying Order, and an additional 5 percent each subsequent year.

(b) An eligibility determination shall be considered timely if it is completed within the period then-prescribed by federal and local law. According to District of Columbia law, defendants have 120 days from the date of referral to make an eligibility determination. “Date of referral” is defined as the date on which defendants receive a written or oral request for assessment of a preschool child including the child's name and age, the parent's or guardian's name, mailing address or telephone number, and the basis for referral.

150. Defendants shall ensure that at least 95 percent of all Part C graduates that are found eligible for Part B receive a smooth and effective transition by their third birthdays.

(a) Until the target of 95 percent is reached, defendants shall increase the percentage of timely transitions by 10 percent in the first full year, starting on the first of the next month after the date of this Memorandum Opinion and accompanying Order, and an additional 5 percent each subsequent year.

(b) A child's transition will be considered timely if the child receives an IEP listing both the type of placement and a specific location for services ( i.e., where the IEP will be implemented) by his or her third birthday.

In a separate order issued yesterday, Judge Lamberth distinguished the Supreme Court's recent Wal-Mart decision and denied a motion to decertify the plaintiff class in this case. That order can be found at 2011 WL 5559927.

The Washington Post has this coverage.