In a substantial move advocating for the rights of disabled students, a class action lawsuit has been filed against D.C.'s Office of the State Superintendent for Education (OSSE) by parents, guardians, and The Arc of the United States. They allege the agency's failure in providing "safe, reliable and effective transportation" has resulted in the denial of equal educational opportunities for students with disabilities, as reported by DC News Now.
The lawsuit also emphasizes the systemic neglect that has led to children with disabilities missing critical education and related services, which are key components of the free appropriate public education (FAPE) guaranteed under the Individuals with Disabilities in Education Act (IDEA), as The Arc highlighted. Furthermore, federal and state laws including the IDEA, Americans with Disabilities Act (ADA), and the District of Columbia Human Rights Act (DCHRA) demand equal access to education for these students, a right evidently neglected by the current state of school transportation services.
While the officials have admitted to facing challenges, such as a national shortage of drivers, which has affected the school bus service, their solutions have fallen short of parents' expectations. An OSSE spokesperson stated that the agency does not comment on pending litigation, but stressed their efforts in implementing measures like real-time bus schedule updates and reimbursement for alternative travel arrangements by parents. Nevertheless, the lawsuit points out that families continue to be left uninformed of delays once buses leave the terminal, causing severe disruptions, as reported by The Washington Post.
Testimonies presented to council members revealed instances where the supports or accommodations for students with disabilities, such as wheelchair accessibility and safety harnesses, were not available, causing distress and inconvenience. Elizabeth Daggett, a Brookland resident, shared her ordeal when her son was once left at school waiting for another bus because his had not the latch for his safety harness. "It is unsustainable for families to have to continue to figure out student transportation and unacceptable that OSSE allowed this dire situation to happen," she lamented in her testimony to lawmakers.
The plaintiffs in the case, represented by a coalition of advocates from The Arc, DC’s Children’s Law Center, and law firm McDermott Will & Emery, among others, seek to rectify this negligence and hold OSSE accountable for their failure to fulfill the transport needs stated in students' individualized education plans (IEPs). Their representation indicates a robust approach to challenge and transform a system that has so far failed to honor the educational rights of some of the city’s most vulnerable scholars.
