sometimes, Department of Justice He has a special interest in litigation. United States Conflict of Interest StatementIt helps in analyzing the facts of the case while protecting the rights of citizens.
recently, Community Legal Aid Society Public Interest Law Firm Terris, Pravlik & Millian, LLP The lawsuit against the Adult and Prison Education Resource Working Group alleges continued unlawful practices to ensure students with disabilities receive an appropriate public education while in prison. For more information on the lawsuit, see: here.
Prisoners with special needs must be provided with an appropriate education just like the general prison population.
The Department of Justice has stated that students with disabilities who are in adult correctional facilities do not lose their right to a free and appropriate public education under the Individuals with Disabilities Education Act.
The Department of Justice also:[t]Between 30 and 80 percent of the children and young people in these institutions have disabilities.”
When the state argued that the lawsuit be dismissed because CLASI must exhaust all other options before taking the case to court, the Department of Justice rejected the idea.
“Plaintiffs challenge systemic violations, as CLASI does here,” the Justice Department said.[The state’s argument is a] Distinguishing between an unlawful policy and a systemic failure of implementationā¦There is nothing to support this in the statute, its legislative history, or subsequent case law. [it].ā
According to the Department of Justice, CLASI does not have to meet the requirement of exhausting all other options.
Oral argument on CLASI's motion for a preliminary injunction is scheduled for September 19, 2024.
A copy of the complaint can be found below. here.
A copy of the preliminary injunction petition is available below. here The proposed preliminary injunction can be found here. here