We have continued to monitor enforcement of the Settlement Agreement in an effort to ensure students with disabilities are receiving the support services outlined under the agreement. After reviewing available data and speaking with families, it became apparent that not all students were receiving appropriate services or having scheduled IEP meetings. Available data shows that only 9 students have been awarded compensatory education services for the lack of services last year and that compensatory education has been discussed in less than half of the IEP meetings this year.
In March, the Law Center filed a motion for enforcement requesting student IEP files be made accessible to us for review so that our attorneys could ensure the services outlined in the settlement agreement are being fully implemented. Our motion requested that the Court order the District and Commonwealth to provide access to IEPs, progress reports, Extended School Year documentation and compensatory awards for all members of the class.
The Defendants filed a brief in opposition to this motion citing that access to student files violates confidentiality regulations and was not outlined under the original agreement. The Law Center filed a second brief in response citing the crucial link between access to student files and ability to monitor compliance.