Education Dept. Investigates D.C. Schools After Complaints about Inadequate Special Ed

WASHINGTON -- The U.S. Education Department is investigating the District of Columbia public schools following complaints from parents that the needs of their disabled children are not being met.

Their lawsuits against the school system accuse administrators of violating the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).

The IDEA is supposed to ensure a free and appropriate public education for eligible children with disabilities. The ADA prohibits discrimination against individuals with disabilities in various settings, including schools.?

The parents’ complaints gained government recognition in December with a District of Columbia Advisory Committee report to the U.S. Commission on Civil Rights.

It said D.C. public school students often are not screened for disabilities early enough. It also said special education programs are underfunded and that disabled students underperform their peers.

As a result, parents are forced to “sue and settle” if they want adequate special education, according to officials who prepared the report. Other parents who cannot afford attorneys have little recourse to help their children.

As the Education Department announced its investigation, Education Secretary Linda McMahon said in a statement, “We will ensure schools are fulfilling their commitment to provide all students with equal access to educational opportunities and not placing unnecessary burdens on families to fight for special education services for their children to which they are entitled under law.”

The Education Department investigation is only the latest complaint about how D.C. schools handle special needs students.

In 2023, D.C. Public Schools settled a lawsuit by disabled high school students who said they were not provided with adequate education while they were incarcerated during the COVID-19 pandemic. A different lawsuit filed last year says school bus service for disabled students is unreliable.

D.C. Public Schools said it would cooperate with the Education Department investigation but denied wrongdoing.

“We stand by our ongoing efforts to ensure that all students have access to the resources they need to thrive,” the statement said.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.