DE: Delaware Dept. of Ed settles discrimination lawsuit involving incarcerated students with disabilities

Dec 16, 2025

Delaware Public Media

The Delaware Department of Education settled a federal lawsuit alleging incarcerated students with disabilities weren’t provided required services. The U.S. District Court approved a consent decree requiring Delaware’s Ed. Department to implement revised programs and ensure students receive special education services. Delaware’s Community Legal Aid Society partnered with Terris, Pravlik & Millian on the lawsuit filed in May 2024 against DDOE’s Adult and Prison Education Resources Workgroup. TPM attorney Todd Gluckman said the state made no meaningful headway after receiving reports of violations. “The students will start receiving the education that they need, and this is particularly critical because people in jails and prisons have disabilities at a much greater rate than the general population,” Gluckman said. “And a lot of these students had not been receiving needed special education for years.”

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