A joint effort lawsuit has been filed against the Delaware Department of Education (DDOE) and the Adult and Prison Education Resources workgroup (APER) over allegations that correctional facilities in the state are violating federal and state laws because they are not providing special education and related services to students with disabilities.

Under the federal Individuals with Disabilities Education Act (“IDEA”), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (“ADA”), and Delaware state law, students who have physical, learning, and behavioral disabilities have certain rights and protections, including the right to receive education and related services until they reach the age of 22 years old.

However, the lawsuit maintains that the DDOE and APER regularly failed incarcerated students because they did not comply with applicable federal and state laws.

The lawsuit was brought by the Community Legal Aid Society Inc. (CLASI) and the public interest law firm Terris, Pravlik & Millian. CLASI operates as Delaware's “Protection & Advocacy” system which was established by the state’s governor to defend and advocate for the rights of disabled individuals.

An investigation into the state’s incarceration system found that the facilities were “woefully deficient” in protecting the rights of disabled incarcerated students. CLASI Disabilities Law Program Project Director Marissa Band alleges that “Delaware has been failing incarcerated special education students for decades,” and that her team has “encountered students subjected to educational deprivations by DDOE and its APER workgroup, the arm of DDOE responsible for providing special education in Delaware’s prisons.”

CLASI argues that students often had to wait months to receive educational services, and when they began receiving those services, they were not provided with adequate instruction as required by law.

Under state and federal law, students who have a disability qualify for special education services through an individual education plan or IEP. The IEP details specialized services they can and should receive during their educational career. This can include anything from extra time on coursework, one-on-one help, counseling services, behavioral support, or psychological services.

At DDOE and APER facilities, qualifying students were forced to undergo periods of no education or receive only minimal instruction when education was being provided. As a result, students with disabilities fell further and further behind their peers, making it less likely that they would be able to obtain their high school diploma or develop key skills such as literacy and general education comprehension. As such, students with disabilities who left the DDOE and APER facilities were less likely to obtain a position in the workforce, were more inclined to poverty, and were more likely to engage in criminal behaviors or interact with the criminal justice system again.

The lawsuit is seeking to have the District Court of Delaware issue an injunction against the DDOE and APER that would force them to remedy any actions that violate the laws as outlined in the complaint. The plaintiffs are also asking for an injunction that would require the states to comply with the laws and develop, implement, and execute policies that would ensure the rights of students are being protected.