PROVIDENCE – The Rhode Island American Civil Liberties Union Inc. and the Rhode Island Center for Justice on Monday announced they have filed a class-action lawsuit against both the R.I. Department of Education and the Providence Public School District alleging that hundreds of school children within the city ages 3-5 with disabilities are not receiving special education services they’re entitled to.
The ACLU says the suit, filed in federal court, was brought on behalf of nonprofit organization Parents Leading for Educational Equity, and parents of the affected children. The suit alleges that both RIDE and PPSD are not providing young children with disabilities intervention and education services required under the federal Individuals with Disabilities Education Act.
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According to the 22-page lawsuit filed by attorneys from both the ACLU and Rhode Island Center for Justice, the entities allege 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 claims 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.”
The ACLU and the Rhode Island Center for Justice also allege the department and district have been “well aware” that Providence has not been providing mandated federal special education services “at least since March 2022,” but they “have not taken the steps necessary to come into compliance with federal law.”
The defendants, according to the lawsuit, admitted that they don’t have enough staff to comply with the law. However the plaintiffs say in the suit that the city school district “could provide many members of the class with effective preschool programs by placing students in private day care, Head Start and preschool programs and providing supplemental special education and related services as well as training for staff at these programs.”
“Today, children with disabilities in Providence stop getting desperately needed special education and related services on their third birthday and their parents are told to wait patiently, for months and even years when we all know that timely services are needed to maintain the progress made through early intervention,” ACLU attorney Ellen Saideman said in a statement. “It is heartbreaking that such young children are regressing and failing to make progress when the law clearly requires timely special education services.”
The lawsuit can be read in full here.
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.
