WILMINGTON, DE—The Disability Rights Delaware program of Community Legal Aid Society, Inc. (“CLASI”) and public interest law firm Terris, Pravlik & Millian, LLP (“TPM”) have reached a settlement in their federal lawsuit with the Delaware Department of Education (“DDOE”) and its Adult and Prison Education Resources Workgroup (“APER”) to address the state’s systemic failure to provide required special education services to incarcerated students with disabilities.
Under a consent decree 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 (“IDEA”), Section 504 of the Rehabilitation Act (an anti-discrimination law), and the Americans with Disabilities Act (“ADA”).
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.
It further provides up to three years of extended special education eligibility to many students who were in custody at Howard R. Young Correctional Institution or James T. Vaughn Correctional Center so that they can earn a high school diploma.
“CLASI 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,” said Kym Davis Rogers, Legal Director of Disability Rights Delaware at Community Legal Aid Society, Inc. “We are pleased that the state has committed to complying with federal and state laws. Providing 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.”
“Protecting 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,” said Todd Gluckman, partner at Terris, Pravlik & Millian, LLP. “This 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.”
“We hope now there will be real accountability and policies in place so that other families won’t have to endure what we’ve been through, and these students can get the education and skills they need to be successful in the future,” said Denise Hampton, whose son was denied required special education services. “It’s 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.”
CLASI filed the lawsuit in May 2024 in its capacity as Delaware’s “Protection & Advocacy” 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.
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.
To address these issues, the consent decree includes the following provisions:
- Revised Policies and Procedures: APER must develop and implement new policies and procedures to comply with the IDEA, Rehabilitation Act, ADA, and Delaware statutes.
- Extended Special Education Eligibility: APER must offer up to three years of extended special education eligibility to many students who are or have been at Howard R. Young Correctional Institution or James T. Vaughn Correctional Center so that they can earn a high school diploma.
- Timelines for Services: APER must follow specified steps within detailed timeframes regarding meeting with students and offering them special education services.
- Increased Instruction Time: APER must offer a minimum of four hours of education per school day to students with disabilities.
- Individualized Services: APER must ensure that Individualized Education Program (IEP) plans are individualized to provide an appropriate education and also provide individualized post-secondary education planning and behavioral supports to students.
- Teacher Certification: APER must provide teacher-led instruction by certified teachers, including common concept group instruction with peers when more than one student is learning the same subject area.
- Educational Representatives: APER must identify if there is an educational representative who holds decision-making authority for each student.
- Designated Coordinator: APER is required to designate an employee to coordinate responsibilities under the IDEA, ADA, and the Rehabilitation Act.
- Independent Evaluator: APER will hire an independent evaluator, agreed upon by CLASI and APER, who will evaluate their compliance with the consent decree and issue reports.
CLASI is separately litigating three cases related to individual students, which were filed before this systemic case. Those cases are still pending before the District Court.
A copy of the full consent decree is available here.
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About Community Legal Aid Society, Inc. and Disability Rights Delaware
Founded in 1946, the mission of Community Legal Aid Society, Inc. (“CLASI”) is to combat injustice through creative and persistent civil legal advocacy on behalf of vulnerable and underserved Delawareans. CLASI provides free legal representation to people with disabilities, people aged 60 or over, people with low incomes, and victims of crime and discrimination to help them obtain shelter, government benefits, educational services, medical services, orders of protection from abuse, legal immigration status, and other civil legal remedies. CLASI has offices in Wilmington, Dover, and Georgetown, Delaware. To learn more, please visit: http://www.declasi.org/
CLASI’s Disability Rights Delaware (“DRD”) program provides free legal representation to children and adults with physical and mental disabilities to protect them from abuse and neglect and to advocate for their legal rights. DRD is designated by the Governor as Delaware’s “Protection and Advocacy” system (“P&A”) for people with disabilities. To learn more about DRD, please visit: https://www.declasi.org/drd/.
About Terris, Pravlik & Millian, LLP
Terris, Pravlik & Millian, LLP (“TPM”) was established in Washington, DC in 1970 as one of the first private public interest law firms in the country. TPM specializes in complex civil rights litigation and has represented individuals and groups in the areas of civil rights, environmental law, and open government, serving those who could not otherwise afford legal representation. Its cases include advocating for special education access in the District of Columbia for young children and for young adults in correctional facilities, ensuring DC Medicaid recipients, including those with disabilities, have access to services, and pursuing the clean-up of hazardous and other waste sites. Learn more at: https://www.tpmlaw.com/.