{"id":1655,"date":"2025-12-11T10:52:22","date_gmt":"2025-12-11T15:52:22","guid":{"rendered":"https:\/\/www.declasi.org\/?p=1655"},"modified":"2026-02-09T10:28:52","modified_gmt":"2026-02-09T15:28:52","slug":"clasi-secures-settlement-with-delaware-dept-of-education-to-improve-special-education-system-for-incarcerated-students","status":"publish","type":"post","link":"https:\/\/www.declasi.org\/es\/news-and-stories\/press-releases\/clasi-secures-settlement-with-delaware-dept-of-education-to-improve-special-education-system-for-incarcerated-students\/","title":{"rendered":"CLASI\u00a0Secures Settlement with Delaware Dept. of Education\u00a0to Improve Special Education System for Incarcerated Students"},"content":{"rendered":"

WILMINGTON, DE<\/strong>\u2014The Disability Rights Delaware program of Community Legal Aid Society, Inc.<\/a>\u202f(\u201cCLASI\u201d) and public interest law firm\u202fTerris, Pravlik & Millian, LLP<\/a>\u202f(\u201cTPM\u201d) have reached a settlement in their federal lawsuit<\/a> with the Delaware Department of Education (\u201cDDOE\u201d) and its Adult and Prison Education Resources Workgroup (\u201cAPER\u201d) to address the state\u2019s systemic failure to provide required special education services to incarcerated students with disabilities. <\/p>\n\n\n\n

Under a consent decree<\/a> approved by the U.S. District Court on December 2, 2025, the DDOE and APER must develop and implement revised policies and procedures to ensure students receive the special education and related services required by federal and state law, including the Individuals with Disabilities Education Act (\u201cIDEA\u201d), Section 504 of the Rehabilitation Act (an anti-discrimination law), and the Americans with Disabilities Act (\u201cADA\u201d).  <\/p>\n\n\n\n

The consent decree also requires the appointment of an independent evaluator to monitor and assess compliance, provides specific timelines that APER must follow in providing educational services, and increases the required amount of daily education time offered to students with disabilities at all Level V correctional facilities in Delaware. <\/p>\n\n\n\n

It further\u00a0provides up to three years of extended special education\u00a0eligibility to\u00a0many\u00a0students\u00a0who were\u00a0in custody\u00a0at\u00a0Howard R. Young Correctional Institution\u00a0or\u00a0James T. Vaughn Correctional Center\u00a0so that they can\u00a0earn\u00a0a high school diploma.\u00a0\u00a0\u00a0\u00a0<\/p>\n\n\n\n

\u201cCLASI filed this lawsuit because it was past time for the state of Delaware to make real, lasting changes in the provision of special education to incarcerated students with disabilities,\u201d said Kym Davis Rogers, Legal Director of Disability Rights Delaware at Community Legal Aid Society, Inc.<\/strong>\u202f\u201cWe are pleased that the state has committed to complying with federal and state laws.\u202fProviding incarcerated students with the educational services they are entitled to benefits not just these students, but the entire community through reduction in recidivism and increased employment opportunities.\u201d <\/p>\n\n\n\n

\u201cProtecting the rights of students with disabilities is essential for those in correctional facilities, where young people experience disabilities at far higher rates than their peers,\u201d said Todd Gluckman, partner at Terris, Pravlik & Millian, LLP<\/strong>. \u201cThis consent decree is a major step forward to remedying longstanding issues in Delaware. It moves Delaware toward compliance with the law to ensure that incarcerated students can access the special education and related services they need. We are committed to working with Delaware to make these rights a reality.\u201d 
 
\u201cWe hope now there will be real accountability and policies in place so that other families won\u2019t have to endure what we\u2019ve been through, and these students can get the education and skills they need to be successful in the future,\u201d said\u202fDenise Hampton<\/strong>, whose son was denied required special education services. \u201cIt\u2019s been a very challenging time for my son and our family trying to get him the education he is entitled to, and sometimes we felt like giving up. We kept going because we wanted other families to know that their children have the right to an education and to have an educational representative to help them and advocate for them so they can succeed.\u201d <\/p>\n\n\n\n

CLASI filed the lawsuit in May 2024<\/a> in its capacity as Delaware\u2019s \u201cProtection & Advocacy\u201d system designated by the Governor to advocate for the rights of individuals with disabilities. The suit detailed evidence that Delaware students were suffering irreparable harm as they waited months to receive any educational services while in custody, had extremely limited instruction time, and were not being provided the individualized instruction or behavioral supports required to make educational progress. <\/p>\n\n\n\n

As a result, students were falling behind and were less likely to earn a high school diploma and develop the skills they needed to successfully reengage with their communities. This put them at much greater risk of facing unemployment, poverty, and future interactions with the criminal justice system. <\/p>\n\n\n\n

To address these issues, the consent decree includes the following provisions: <\/p>\n\n\n\n