A civil lawsuit, D.L. v. District of Columbia, Civil Action No. 05-1437 (Judge Royce Lambert), is presently pending in federal court in the District of Columbia. This lawsuit has been certified as a class action and was filed on behalf of all children who were between the ages of 3 through 5, during the period from April 2011 through the present, who allegedly were not timely identified as eligible for special education services and provided with those services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq.). Lawyers for the plaintiff-class have asked the District of Columbia for educational records from the Office of the State Superintendent of Education and the District of Columbia Public Schools that may contain personally identifiable information regarding children who were referred, evaluated or received services under the IDEA. Notice to parents regarding their rights concerning disclosure of personally identifiable information are listed below.
On or about March 31, 2014, you received a notice from OSSE, dated March 7, regarding potential disclosure of confidential educational information in the context of the D.L., et al.,v. District of Columbia,et al. lawsuit. In the notice, you were informed that you had 10 calendar days to inform Ms. Desirée Brown of your objection to disclosure of your child’s information in the context of this lawsuit. We have recently been made aware of a delay in your receipt of the above communication. We apologize for the delay and want to assure you that your child’s records have not been released. Given the unfortunate and unanticipated delay in notifying you of your rights under FERPA, no records will be shared with Plaintiffs’ lawyers until April 15, 2014. Accordingly, you have until April 14, 2014 to notify Ms. Brown ([email protected] or 202-741-0271) that you do not wish for your child’s records to be shared with the Plaintiffs’ lawyers in this case. If we do not hear from you by April 14, 2014, your child’s records may be shared.