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News & Press: Amicus

Court of Appeals Affirms DC's Obligation to Find, Evaluate, Serve Students with Disabilities

Tuesday, June 27, 2017   (0 Comments)
Posted by: Denise Marshall

On June 23, 2017 the U.S. Court of Appeals for the D.C. Circuit issued an opinion in the DL v. DC case, the child find class action lawsuit for 3-5 year olds. Judge Tatel wrote the opinion for the Court.The court rejected all of the challenges to the District Court's judgment for the plaintiff class of parents and children, and affirmed the District Court decision.


"So long as the District of Columbia accepts federal funding, it is bound to its pledge to find, evaluate, and serve all children with disabilities. The district court neither erred nor abused its discretion in holding the District to its word. We affirm in all respects."


 There is good language on the basis for the IDEA, good language on mootness, class actions and what it means to have a smooth transition from Part C to Part B. This is an important victory for students and families. Job well done by lead counsel at Terris Pravlik & Millian, especially Todd Gluckman, Carolyn Pravlik, Kathy Millian and the late Bruce Terris as well as COPAA member Margy Kohn.

COPAA joined in an Amicus brief filed in support of the plaintiff class along with AARP, AARP Foundation, National Federation of the Blind, National Disability Rights Network, The Judge David L. Bazelon Center for Mental Health Law, National Health Law Program, Disability Rights DC at University Legal Services and Lawyers Committee for Civil Rights Under Law.



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