SPECIAL EDUCATION LITIGATION
What is Blackman/Jones?

• In 1997, parents of students with disabilities brought two class action lawsuits against D.C. Public Schools (DCPS) claiming that DCPS violated the federal law known as the Individuals with Disabilities Education Act (IDEA).
  
  
• In the first lawsuit, known as Blackman, parents stated that after they requested due process hearings, hearings were not held and hearing decisions were not issued on time.
  In the second lawsuit, known as Jones, parents stated that once they received hearing decisions or entered into a settlement agreement with DCPS, DCPS did not provide all the services that had been ordered or agreed to.
  
  
• The judge put the two cases together to make one case known as Blackman/Jones. In 1998, the judge agreed with the parents that DCPS violated IDEA when it did not hold timely hearings and did not provide all the services ordered or agreed to. The only issue remaining was what the penalty should be for DCPS’s violations.
  
  
• In August 2006, the parents and DCPS agreed to settle on the penalty and entered into a settlement agreement, called a Consent Decree. As a part of the settlement, DCPS agreed to provide compensatory education services and products to members of the Blackman/Jones class action lawsuit (class members).
  
  
• In October 2007 the responsibility of providing compensatory education awards transferred from DCPS to the D.C. Office of the State Superintendent of Education (OSSE).
  
  
• In December 2007, the parents and OSSE entered into an additional agreement regarding compensatory education to ensure that all class members have an opportunity to obtain a compensatory education award.
  

What is Compensatory Education and Who are Class members?

• Compensatory education is something provided to special education students to make up for a delay or disruption in their services.
  
  
• Class members are divided into two groups: (1) Blackman class - includes all children now [as of January 1, 1995] and in the future who have requested due process hearings, but did not receive a hearing and decision on time; and (2) Jones class – includes all children now [as of January 1, 1995] and in the future who received a hearing decision or entered into a settlement agreement with DCPS, but DCPS did not provide all the services ordered or agreed to.
  
  
• Children who fall into the two groups above are included in the class even if their parents
  did not file the original class action lawsuits.
  

HowCan a Class Member Obtain Compensatory Education?

• Parents of children included in the class can choose one of three options from a letter mailed to parents by OSSE titled “Your Child Has A Legal Right To A Free Computer.”
  Option #1 - Parents can select a computer and two software products from a list of computer types and software provided. Option #2 - If parents believe their child will benefit from other types of products or services, parents can call the Blackman/Jones Compensatory Award Call Center (BJCACC) at (202) 347-7616 to discuss alternative educational resources available, such as tutoring services, GED programs, wheelchairs, physical therapy devices, etc.
  
  
• Option #3 – Parents can request their child’s Multidisciplinary Team (MDT)/ Individualized Education Program (IEP) team to meet to determine appropriate compensatory education services, by calling the BJCACC at (202)347-7616.
  

How Long Does a Class Member Have to Act?

• Within 180 days from the date of receipt of the letter, the parent must select one of the three options provided.
  
  
• If the parent does not make a selection then the child’s right to receive compensatory education services under the Blackman/Jones case will be waived and the child will not receive an award.

What Happens to the Services a Class MemberCurrently
Receive if they Accept this Compensatory Education?

• Nothing. Choosing one of the three options provided will not change the child’s current services or placement.
  

*For more information or questions please call the BJCACC at (202) 347-7616 or Advocates for Justice and Education at (202) 678-8060 and ask for Rochanda Hiligh-Thomas, Director of Legal Services and Advocacy