The families of disabled children embroiled in an eight-year legal fight with the District of Columbia over special education services can move ahead with their claims, a Washington federal judge has ruled.
The Nov. 8 ruling revives a class action, first filed in 2005, that accused city officials of failing to identify young children eligible for special education services. The plaintiffs suffered a setback in April after the U.S. Court of Appeals for the D.C. Circuit reversed the trial judge's certification of a class, undoing the judge's previous findings that the city was liable for violations of the federal Individuals with Disabilities Act.
Back in the trial court, Senior Judge Royce Lamberth on Nov. 8 denied the city's request to dismiss the case. Lamberth certified four subclasses of plaintiffs in response to the D.C. Circuit’s ruling. The appeals court was concerned about a class made up of members with different types of claims.