WASHINGTON, DC – For countless families in the District of Columbia, the daily trip to school is fraught with anxiety due to unsafe and unreliable transportation services for students with disabilities. Today, a federal judge signaled hope for change and cleared the way for parents and guardians of children with disabilities and The Arc of the United States (The Arc) to pursue their case against the District of Columbia (DC) for failing to provide them with safe, reliable, and effective transportation to school. According to the decision by Judge Paul L. Friedman of the District Court of DC, students with disabilities have the right under federal disability rights laws to seek “structural relief that serves all children with disabilities.” The decision affirms that there is a remedy when children with disabilities are denied equal access to education.

The complaint, filed in March 2024, alleges that DC’s Office of the State Superintendent for Education (OSSE) denies students equal access to their education in violation of federal and local disability and civil rights laws by failing to provide students with transportation to and from school. Unsafe or unreliable transportation often means missed school days, interrupted learning, and barriers to building essential relationships and skills. According to the complaint, buses routinely arrive very late to pick students up from their homes, or do not arrive at all; students are left stranded at school without guaranteed transportation back home; students spend excessive time on buses, and students do not get the accommodations they need to ride safely. The plaintiffs are represented by The Arc, Washington Lawyers’ Committee for Civil Rights, Children’s Law Center, and McDermott Will & Emery.

By allowing The Arc to proceed as a plaintiff on behalf of its members, the decision reinforces the important principle that advocacy groups can and should bring litigation to secure the rights of its members under the IDEA and ADA. The decision, relying in part on the Department of Justice’s Statement of Interest filed in this case, also rejects the notion that students with disabilities need to meet a heightened standard in order to bring education discrimination claims.

“The buses meant to help children with disabilities build their education and futures are instead perpetuating their exclusion. This is not just a matter of tardiness or inconvenience—it’s stealing children’s opportunities to learn, grow, and connect with their peers,” said Shira Wakschlag, Senior Director of Legal Advocacy & General Counsel for The Arc of the United States. “Fighting for this change is about ensuring that our school systems work for and include all students. Today’s ruling affirms the right of students with disabilities to access their education without barriers. While there is still work ahead, this is an important step forward for systemic change.”

“The decision today will allow parents to keep seeking changes to a transportation system that so far has failed to deliver,” said Kaitlin Banner, Deputy Legal Director for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “Our clients are ready to press forward and ensure that they will not endure another school year without access to their education.”

“With Judge Friedman’s reasoned decision, it is full speed ahead to obtain the District’s documents and testimony in advance of trial,” said Eugene Goldman, Senior Counsel at McDermott Will & Emery.

Click Here To Read the Opinion

###

About The Arc of the United States
The Arc advocates for and serves people with intellectual and developmental disabilities (IDD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy, and other diagnoses. Founded in 1950 by parents who believed their children with IDD deserved more, The Arc is now a network of nearly 600 chapters across the country promoting and protecting the human rights of people with IDD and actively supporting their full inclusion and participation in the community throughout their lifetimes. Through the decades, The Arc has been at the forefront of advances in disability rights and supports. There are over 7 million people with IDD in the United States, which encompasses over 100 different diagnoses. Visit www.thearc.org or follow us @TheArcUS to learn more. Editor’s Note: The Arc is not an acronym; always refer to us as The Arc, not The ARC and never ARC. The Arc should be considered as a title or a phrase.

About Children’s Law Center
Children’s Law Center believes every child should grow up with a strong foundation of family, health and education and live in a world free from poverty, trauma, racism and other forms of oppression. Our more than 100 staff – together with DC children and families, community partners and pro bono attorneys – use the law to solve children’s urgent problems today and improve the systems that will affect their lives tomorrow. Since our founding in 1996, we have reached more than 50,000 children and families directly and multiplied our impact by advocating for city-wide solutions that benefit hundreds of thousands more. For more information, please visit www.childrenslawcenter.org.

About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.

About McDermott Will & Emery
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve. For more information, please visit www.mwe.com.