The American Civil Liberties Union of Rhode Island and the R.I. Center for Justice today announced the successful closure of a federal class-action lawsuit filed in May 2023 against the Providence school district and the R.I. Department of Education, alleging that hundreds of children with disabilities between the ages of three and five were routinely not receiving critical and legally-required special education services. The end of the lawsuit occurred with the filing of an independent monitor’s report showing substantial compliance by the school district with a settlement agreement the parties had reached two years earlier.
The federal Individuals with Disabilities Education Act (IDEA) provides for early intervention services for infants and toddlers with disabilities from birth to their third birthday. As a seamless approach to aiding this cohort, the law further requires school districts to offer a “free appropriate public education” to those children beginning with their third birthday. For many children in Providence, however, those services were not being provided, leading to the lawsuit.
The suit was brought on behalf of Parents Leading for Educational Equity (PLEE), a non-profit organization that advocates for families in educational matters, along with several preschool-age children with acute special education needs who, along with hundreds of other local children, were not receiving the services that they were entitled to under IDEA.
Among other things, the negotiated settlement agreement, entered in August 2023, required timely evaluations of children for their eligibility for special education services; appropriate and timely placement of children in IEP programs; the addition of personnel to speed up the evaluation process; and the ability of parents awaiting evaluations to secure them at the school district’s expense. Importantly, the agreement also provided for the Court appointment of an independent external monitor to provide periodic reports detailing the district’s progress in complying with the agreement and its deadlines for providing the student evaluations and special education services.
Originally, the settlement contemplated achievement by October 2024 and closure of the suit by July 1, 2025. When those milestones were not reached, the Court extended its review to November 1, 2025. The monitor’s report filed last month showed that the school district had finally reached substantial compliance with the agreement, leading to the suit’s termination.
At the time it was filed, the lawsuit emphasized the importance of district compliance with the IDEA, noting:
“It is critical that children with disabilities be identified in their preschool years or earlier so that they receive special education and related services that can ensure that they will have educational opportunities in elementary and secondary school consistent with their needs and abilities. Defendants’ actions have harmed and continue to harm hundreds of current and future preschool students in Providence by adversely affecting their educational opportunities, learning, and well-being.”
The suit was filed by ACLU of RI cooperating attorneys Ellen Saideman and Lynette Labinger, and Jennifer Wood from the RI Center for Justice.
Background information on the case can be found here.
Below are comments from participants in the lawsuit:
Ramona Santos Torres, executive director of PLEE: “The successful closure of this lawsuit marks years of dedication from families and advocates who refused to accept a system that denied young children the services they deserve and are legally entitled to. We are encouraged to see the Providence School District reach substantial compliance with the settlement agreement and look forward to continued progress that strengthens these gains. This moment shows what’s possible when families, advocates, and public agencies work together. PLEE remains committed to ensuring these improvements last so that every child across Rhode Island can thrive right from the start.”
ACLU of RI cooperating attorney Ellen Saideman: “We are glad that, after more than two years of hard work by Providence and RIDE that was scrutinized by a court-appointed monitor and class counsel, Providence Public Schools and RIDE are finally in compliance with their legal obligations. Pre-school special education services are of vital importance for children, and it is great that they are now being evaluated for those services and receiving them timely. We will continue to monitor this issue, as it is important that the compliance continue.”
RI Center for Justice executive director Jennifer Wood: “We filed this suit to close a serious delay in accessing evaluation and special education services for very young children with significant disabilities. Based on the work of RIDE and Providence Schools special educators, children are now getting the timely services the law requires. That law always envisioned children moving seamlessly from early intervention into pre-school without a damaging interruption of services and support. Children in Providence who are identified as needing extra support before the age of three are no longer falling into that gap of delayed evaluation and services.”