Case: Robertson v. District of Columbia

1:24-cv-00656 | U.S. District Court for the District of District of Columbia

Filed Date: March 7, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 7, 2024, five parents of minor students with developmental delays and cognitive disabilities filed this class action lawsuit in the United States District Court for the District of Columbia under the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 1400, et seq., Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and the DC Human Rights Act (DCHRA), DC Code § 2-1401.01, et seq. against the Distri…

On March 7, 2024, five parents of minor students with developmental delays and cognitive disabilities filed this class action lawsuit in the United States District Court for the District of Columbia under the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 1400, et seq., Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and the DC Human Rights Act (DCHRA), DC Code § 2-1401.01, et seq. against the District of Columbia. Plaintiff claimed that the defendant failed to provide students with disabilities transportation to and from school in a safe, reliable, and appropriate manner. 

Represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, the Children’s Law Center, The Arc of the United States, and McDermott Will & Emery LLP, the plaintiffs sought: (1) a declaratory judgment that defendant violated plaintiffs’ rights under the IDEA, Section 504 of the Rehabilitation Act, Title II of the ADA, and the DCHRA; (2) a preliminary and permanent injunction ordering defendant to provide plaintiffs and the plaintiff class with safe, reliable, and appropriate transportation services and fully implement all students’ IEP-mandated transportation services; (3) a preliminary and permanent injunction ordering defendant to revise its policies, practices, and procedures as necessary to provide students with disabilities with safe, reliable, and appropriate transportation services and take other appropriate affirmative actions to ensure that the violations of law complained of above do not continue to be engaged in by Defendant, its agents, successors, employees, attorneys, and those acting at its direction; (4) a preliminary and permanent injunction ordering defendant to report to the Court at regular intervals on the implementation of special education transportation for the plaintiffs and plaintiff class; (5) a preliminary and permanent injunction appointing an independent monitor or special master whose duties shall include, but not be limited to, periodic monitoring and reporting to the Court and plaintiffs regarding defendant’s compliance with the Court’s order and remedies necessary to bring about full compliance with the court’s order; (6) an order enjoining defendant to provide compensatory education to plaintiffs and the plaintiff class for whom Defendant failed to provide transportation consistent with students’ IEPs; (7) an order enjoining defendant to reimburse plaintiffs and the plaintiff class who have self-transported their children to school; (8) an order enjoining defendant to take appropriate affirmative actions to ensure that the violations of federal and District of Columbia law complained of above do not continue to be engaged in by Defendant, its agents, successors, employees, subordinates, attorneys and those acting at its direction; (9) an order requiring defendant to reimburse plaintiffs for the funds expended to obtain experts, evaluations, and special education and related services as a result of defendant’s violations of law pursuant to 5 DCMR §3032.3; (10) retention of jurisdiction over this action to ensure defendant’s compliance with the mandates of the Court’s orders; and (11) such other relief as may be deemed proper by the Court. The case was assigned to Judge Amit P. Mehta and then reassigned to Judge Paul L. Friedman on April 25, 2024.

On March 14, 2024, the plaintiffs filed a motion for a preliminary injunction requiring the defendant to halt its unlawful provision of unsafe, unreliable, and inappropriate transportation services for students with disabilities and to comply with the IDEA, the Rehabilitation Act, the ADA, and the DCHRA.

Plaintiffs filed a motion for class certification on May 3, 2024. Plaintiffs sought to certify a hybrid class of students with disabilities aged three to twenty-two in the District of Columbia who require transportation to and from school. 

This case is ongoing.

Summary Authors

Alex DiLalla (4/23/2024)

Hannah Juge (5/19/2024)

Documents in the Clearinghouse

Document
1

1:24-cv-00656

Class Action Complaint for Declaratory and Injunctive Relief

March 7, 2024

March 7, 2024

Complaint
4

1:24-cv-00656

Plaintiffs' Motion for a Preliminary Injunction

March 14, 2024

March 14, 2024

Pleading / Motion / Brief
29-1

1:24-cv-00656

Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification

May 3, 2024

May 3, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68319153/robertson-v-district-of-columbia/

Last updated March 20, 2024, 5:31 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Class Action) for Declaratory and Injunctive Relief against DISTRICT OF COLUMBIA ( Filing fee $ 405 receipt number ADCDC-10739693) filed by DAVID CLARK, JOANN MCCRAY, ARC OF THE UNITED STATES, ELIZABETH DAGGETT, VERONICA GUERRERO, CRYSTAL ROBERTSON, MARCIA CANNON-CLARK. (Attachments: # 1 Summons to DC Attorney General Schwalb, # 2 Summons to DC Mayor Bowser, # 3 Civil Cover Sheet)(Warner, Margaret) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

Clearinghouse
1

COMPLAINT (Class Action) for Declaratory and Injunctive Relief against DISTRICT OF COLUMBIA ( Filing fee $ 405 receipt number ADCDC-10739693) filed by DAVID CLARK, JOANN MCCRAY, ARC OF THE UNITED STATES, ELIZABETH DAGGETT, VERONICA GUERRERO, CRYSTAL ROBERTSON, MARCIA CANNON-CLARK. (Attachments: # 1 Summons to DC Attorney General Schwalb, # 2 Summons to DC Mayor Bowser, # 3 Civil Cover Sheet)(Warner, Margaret) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

Clearinghouse
1

COMPLAINT (Class Action) for Declaratory and Injunctive Relief against DISTRICT OF COLUMBIA ( Filing fee $ 405 receipt number ADCDC-10739693) filed by DAVID CLARK, JOANN MCCRAY, ARC OF THE UNITED STATES, ELIZABETH DAGGETT, VERONICA GUERRERO, CRYSTAL ROBERTSON, MARCIA CANNON-CLARK. (Attachments: # 1 Summons to DC Attorney General Schwalb, # 2 Summons to DC Mayor Bowser, # 3 Civil Cover Sheet)(Warner, Margaret) (Entered: 03/07/2024)

March 7, 2024

March 7, 2024

Clearinghouse
2

Errata

March 8, 2024

March 8, 2024

PACER

Notice of QC- New Case

March 8, 2024

March 8, 2024

PACER

NOTICE OF ERROR re 1 Complaint; emailed to mwarner@mwe.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-renewal., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw, )

March 8, 2024

March 8, 2024

PACER

Notice of Provisional/Government Not Certified Status

March 11, 2024

March 11, 2024

PACER
3

Sealed Motion for Leave to File Document Under Seal

March 14, 2024

March 14, 2024

PACER
4

Preliminary Injunction

March 14, 2024

March 14, 2024

Clearinghouse
5

Electronic Summons Issued as to DCAG,DCDFT, Mayor

March 15, 2024

March 15, 2024

PACER

Case Assigned/Reassigned

March 15, 2024

March 15, 2024

PACER