PROVIDENCE – A settlement between the Rhode Island American Civil Liberties Union Inc., the Rhode Island Center for Justice, the R.I. Department of Education and the Providence Public School District has been reached more than a month after the ACLU filed a federal class-action lawsuit alleging students were not receiving special education services they were entitled to.
The lawsuit filed back in July alleged that RIDE and PPSD are failing to either evaluate preschool children for special education services despite repeated requests by parents or only doing so after months of delays. The suit also claimed both the department and district have failed to deliver services identified in students’ individualized education programs to address their specific needs, leaving “hundreds of eligible children without necessary services.”
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Now, as part of the settlement, PPSD, RIDE, the ACLU and RICJ agreed to a “process and series of steps” to achieve “timely and permanent compliance with evaluations and delivery of education services,” according to a joint release Tuesday.
According to the settlement, parents and children within the district with individual education plans will receive a “series of notices” informing them about assignments and services available to them “starting immediately.” PPSD will also add evaluation teams to help speed up the evaluation process and parents who are awaiting evaluations are also being notified of their ability to secure those evaluations at the district’s expense, the settlement reads.
Additionally, U.S. District Court, per the settlement, will also appoint an external monitor to make sure the parties are complying with the agreement and provide monthly updates detailing PPSD’s progress in complying with “applicable legal deadlines for providing the student evaluations and special education services through Oct. 1, 2024.”
In a joint statement, the ACLU, RIDE, PPSD and RICJ said they all are committed to continuing to work collaboratively to ensure “ensure adequate support systems are in place to help students in need succeed.”
“Providence, like communities across the nation, faces ongoing challenges in delivering preschool special education in part due to the [COVID-19] pandemic, and we know that it will take sustained partnership and commitment to get the job done,” the entities said.
James Bessette is the PBN special projects editor, and also covers the nonprofit and education sectors. You may reach him at Bessette@PBN.com. You may also follow him on Twitter at @James_Bessette.
