Tuesday, October 15, 2013
In a surprise move this past Thursday, the U.S. District Court for DC found that a lawsuit challenging DC school closures had alleged fast sufficient to survive a motion to dismiss. The ruling was a surprise not because the plaintiffs claims lacked merit, but because the judge had been so dismissive of plaintiffs' claims at the preliminary injunction stage earlier this summer. Plaintiffs had alleged that the particular schools being closed would have a disparate impact on minority students and students with disabilities. In fact, plaintiffs' data showed that the only schools closed in recent years were minority schools. Moreover, the schools closed this summer enrolled 40% of the district's entire special education population. Plaintiffs had hoped to stop those closures before they occurred, as damage of this sort is nearly impossible to undo after the fact.
The court in its new opinion wrote: “The Court agrees with the District on the bulk of the Plaintiff’s claims. Nevertheless, the parents and guardians have alleged sufficient facts to state claims of discrimination under the three civil-rights provisions at the heart of their case: the Equal Protection Clause, Title VI, and the D.C. Human Rights Act.” Thus, while the court dismissed some of plaintiffs' claims, the heart of their case remains.