DC judge allows lawsuit over special education bus service to move forward

‘It was exciting,’ | Parents reacting to judge’s decision to move lawsuit forward

WASHINGTON — A D.C. Superior Court judge has ruled that a class-action lawsuit accusing the District of failing to provide reliable transportation for students with disabilities can move forward, marking a significant step in a case that has been ongoing for more than two years.

The lawsuit was first filed in 2024 by six parents, including Elizabeth Daggett, who alleged that the District’s Office of the State Superintendent of Education (OSSE) failed to provide safe, reliable, and effective transportation to and from school for children with disabilities. The case has since expanded to include nearly 4,000 students.

Daggett said she felt hopeful after learning the judge would allow the case to proceed.

“Honestly, it was exciting,” she said.

The lawsuit alleges that late arrivals, missed pickups, and inconsistent service have disrupted students’ access to education and, in some cases, affected their health and well-being.

Daggett said the uncertainty surrounding bus arrivals has created ongoing anxiety for her family. Her son, who is mostly non-verbal, relies on consistent transportation to maintain his routine and receive medication on time.

“The bus is supposed to arrive within a certain window, and when it doesn’t — particularly if it’s late — he doesn’t get his medications on time,” Daggett said. “He could be hungry or thirsty or tired or need the bathroom. And he can’t express those needs.”

Attorneys representing the families say the case is intended to bring systemic change.

“We brought this to try to achieve systemic relief,” said Kaitlin Banner, deputy legal director at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “All of our clients involved in this case are really adamant that they want relief not just for their kids, but for their neighbors and classmates.”

WUSA9 reached out to OSSE on Sunday night for comment on the judge’s ruling, but after multiple attempts, we are still awaiting a response.

When the lawsuit was first filed in 2024, OSSE said in a statement that during the first week of school, it operated more than 1,700 routes with an average on-time departure rate of 99% from bus terminals and that it continued to make service upgrades.

The statement did not directly address or acknowledge the specific allegations made by parents in the lawsuit.

Daggett questioned how OSSE defines “on time.”

“How they determine ‘on time’ is not how probably you and I determine on time — and they’ve struggled to determine themselves,” she said. “I can’t trust what they say.”

Parents involved in the case say they hope the court’s decision will lead to improvements in transportation services for students who depend on them to access their education.

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