On Wednesday, the Rhode Island Department of Education, the American Civil Liberties Union of Rhode Island and the Rhode Island Center for Justice announced the closure of a federal lawsuit alleging that RIDE and the Providence Public School District failed to provide timely special education services to hundreds of students with disabilities between the ages of three and five.
The ACLU of R.I. and the RICJ filed the suit in July 2023 on behalf of Parents Leading for Educational Equity, a family-centered education advocacy group, and several families impacted by the alleged special education deficits.
In their suit, the plaintiffs claimed that RIDE and the PPSD failed to evaluate children for special education services, did not adequately deliver services outlined in Individual Education Programs and insufficiently transitioned toddlers with disabilities from early intervention programs. Timelines and requirements for many of these services are outlined by the federal Individuals with Disabilities Education Act.
“There’s a very steep learning curve from (age) zero to five in terms of developmental milestones for young children,” said Jennifer Wood ’81 P’15, executive director of the Rhode Island Center for Justice and an attorney on the case, in an interview with The Herald.
“There’s lots of research and writing out there about the importance of the preschool years, particularly for children with disabilities,” she added.
In a negotiated settlement agreement entered in August 2023, RIDE and the PPSD agreed to streamline evaluation and placement processes and implement plans to expand pre-K enrollment for students with disabilities, among other terms.
The court appointed a third-party monitor to provide monthly reports on the district’s process until the PPSD was found to be in compliance with agreed upon terms. While it initially projected to close the suit by July 2025, the court extended its review to Nov. 1 after the defendants failed to reach outlined milestones.
The suit was closed following the filing of a report by the external monitor last month, which demonstrated that the PPSD reached substantial compliance with the agreement.
“Through court monitoring and monthly reports initiated as part of the 2023 agreement, PPSD has demonstrated clear and significant progress in evaluating and providing services to early childhood special education students,” wrote RIDE Spokesperson Victor Morente in an email to The Herald. “As a result, the lawsuit has been officially closed, affirming PPSD’s commitment to meeting its obligations and supporting all students.”
Over the past two years, the district worked to restructure the student evaluation process, developed “a data tool to track students from referral to placement” and hired additional staff, Morente wrote. They also increased the number of classrooms “specifically designed to serve differently-abled pre-K students” from 35 in the 2022-23 academic year to 41 this year, he added.
“The successful closure of this lawsuit marks years of dedication from families and advocates who refused to accept a system that denied young children the services they deserve and are legally entitled to,” said Ramona Santos Torres, co-founder and executive director of PLEE, in a press release.
The termination of the suit “is a tremendous accomplishment,” Wood added. “It’s been a long, difficult period of gradual improvement, so I think everyone is very excited that there’s demonstrated evidence that those requirements are being met.”
Even with this success, Wood stressed the importance of maintaining this forward momentum.
“We’re going to continue to monitor and ensure that those requirements are being met and that it doesn’t fall apart or move towards a crisis situation again in the future,” she said.
Ellen Saideman, a cooperating attorney with the ACLU of R.I., also views the result of this case as a massive success. “I hope it means that Providence has learned from this” and “will take proactive measures to ensure … that these kids will get the appropriate services that they need in a timely way,” she added.
