Dear Parent or Guardian:

There is a civil lawsuit, Robertson et al. v. District of Columbia, Case No. 1:24-cv-00656 (Judge Friedman), in the United States District Court for the District of Columbia about transportation for students with disabilities in DC. The lawsuit claims that the District of Columbia (“the District”) has failed to provide safe, reliable, and appropriate school transportation for students with disabilities.

The lawsuit was brought by parents of five District of Columbia students with disabilities and the non-profit advocacy organization The Arc of the United States (collectively, “plaintiffs”). Judge Friedman has determined that the Plaintiffs can represent a class of children who are also affected by unsafe, unreliable, or inappropriate transportation services.

The class includes anyone who fits the following description: All students with disabilities aged 3–22 who, from March 7, 2022, until judgment is issued in this case, require transportation from the District to attend school and have experienced and will continue to experience unsafe, unreliable, or inappropriate transportation services from the District.

Friedman also appointed lawyers from McDermott Will & Schulte LLP, the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Children’s Law Center, and the Arc of the United States to represent this class, which means that their job is to advocate for all students who are part of the class.

The Plaintiffs’ lawyers have asked the District for copies of educational records related to student transportation and information contained in those records. The Court has authorized the District to provide these records and related information. The records and information the District may disclose include the following:

• Student and caregiver names, addresses, and contact information;
• Identification of students’ disabilities and transportation accommodations;
• Identification of students’ schools, bus routes, and schedules, including any absences;
• Communications with students’ schools or caregivers concerning transportation, including via email, telephone, or otherwise;
• Documents related to the investigation of unusual incidents that may have occurred during transport, such as accidents or medical emergencies;
• Documents used in administrative proceedings related to parent complaints; and
• Copies of students’ Individualized Educational Programs (IEPs).

The records and information exchanged may date back as far as March 7, 2022, and may include records and information created in the future, through a date to be determined.

The information will only be shared with the lawyers, the Court, and other people associated with the case, and will not be shared publicly. The Plaintiffs’ lawyers, the District, and the Court have agreed on a “protective order” that prohibits the Parties’ lawyers and anyone else with access to educational records from publicly disclosing any confidential information, including “personally identifying information” that could be used to identify a minor or the identity of the minor’s family. The records and information exchanged will only be used for purposes of deciding this case.

You have the right to prevent disclosure of your child and family’s personally identifying information to the Plaintiffs’ lawyers and others associated with this case (for example, staff supporting these lawyers, experts assisting these lawyers, the Court, and staff supporting the Court). 

If you do not want the Plaintiffs' lawyers and others associated with this case to receive your child or family’s personally identifying information, please complete the form below.

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If you have any questions, please contact [email protected].