Massachusetts Department of Elementary and Secondary Education Sued for Failure to Provide Special Education to Incarcerated Youth
A class-action lawsuit has been filed against the Massachusetts Department of Elementary and Secondary Education (DESE) for failing to provide special education to incarcerated youth in Houses of Correction (HOCs). The plaintiffs, represented by the EdLaw Project and the Mental Health Legal Advisors Committee, allege that DESE has failed to meet its legal obligations to provide education to incarcerated students with disabilities, unlawfully delegating responsibilities to HOC staff and local school districts without proper oversight.
The lawsuit seeks declaratory and injunctive relief, demanding DESE create a system that ensures incarcerated youth receive special education services and the minimum required hours of general curriculum instruction per week.
"Every student, regardless of their circumstances, deserves access to a quality education," says Phil Kassel from MHLAC. The EdLaw Project's Elizabeth Levitan adds, "We are proud to represent young people fighting to access the education they’re entitled to."
DESE has declined to comment on the lawsuit, stating only that it's "reviewing" the complaint and is committed to providing services to students with disabilities. However, the lawsuit claims that DESE offers little more than limited math and English tutoring, with only 2.4 full-time equivalent teachers across all 15 county correctional facilities.
Filed in Middlesex Superior Court, the lawsuit aims to hold DESE accountable and ensure that incarcerated students receive the education they need. It shouldn't take a lawsuit to ensure that all students receive the education they deserve. Massachusetts, the birthplace of public education, can and should do better. #EducationMatters #SpecialEducation #JusticeForYouth #EducationForAll
To read the full complaint please click HERE
To read more about this story in the Boston Globe, please visit: https://www.bostonglobe.com/2024/04/29/opinion/dese-jail-special-education-juvenile-justice/
