Notice of Proposed Dismissal of Class Action in Petties, et al. v. District of Columbia, et al.

Notice of Proposed Dismissal of Class Action in Petties, et al. v. District of
Columbia, et al., Civil Action No. 95-00148 (PLF), United States District Court
for the District of Columbia. You are a member of the Plaintiff Class if you are:

• A District of Columbia student or a ward of the District of Columbia
currently placed in private special education schools or receiving special
education or related services from a private third-party provider;
• A District of Columbia student or a ward of the District of Columbia who
receives transportation to school;
• A District of Columbia student placed in public school who currently is
receiving related services from private providers; or
• A District of Columbia student who has been determined by an
administrative decision or by agreement with the District of Columbia to be
eligible to receive services from private providers (including private
placements).

In 1995, a lawsuit was filed claiming that District of Columbia students who
attended non-public schools or received services from private providers were at
risk of losing their placements and/or services due to the failure of the District of
Columbia to make timely payments to those schools and providers.

The parties have agreed that the District of Columbia has met its responsibility to
make accurate and timely payments to providers of special education and related
services and to provide special education students with safe and effective
transportation to and from school.

With respect to payments, the District of Columbia has promulgated new
regulations governing, among other things, rate-setting for special education
services; invoicing mechanisms for private providers of special education and
related services; and a payment dispute resolution mechanism through the District
of Columbia Office of Administrative Hearings. With respect to transportation,
the District of Columbia has put into place the institutional capacity, including the
adoption of policies for vehicle safety and visibility, to provide on-time and safe
transportation of special education children to and from school.

The parties also have agreed on the process to settle several other outstanding
issues related to the lawsuit: (1) the parties will submit a joint proposal to the
Court regarding the use of funds deposited in the Court Registry based on the
District of Columbia’s past failures to provide services required by law; the funds
will be used to benefit class members; (2) if necessary, the Court will retain
jurisdiction over the ten remaining cases that are pending before the Special
Master or the Court, even after the case as a whole is dismissed; and (3)
Defendants agree to pay attorneys’ fees and costs to Plaintiffs’ counsel, the
amount of which will be either negotiated between the parties or, if necessary,
determined by the Court. In light of these considerations, the parties have agreed
to dismiss the case.

To request more detail regarding the lawsuit, the proposed dismissal, your legal
rights, and instructions for how to properly respond, you may contact University
Legal Services, 220 I Street N.E., Suite 130, Washington, D.C. 20002, (202) 547-
0198 or the Johnson Law Group Int’l, PLLC, 1321 Pennsylvania Avenue, S.E.,
Washington, D.C. 20003, (202) 544-1515.

CLASS MEMBERS HAVING OBJECTIONS TO THE PROPOSED
DISMISSAL MUST SUBMIT WRITTEN OBJECTIONS TO THE COURT
AND COUNSEL FOR THE PARTIES IN WRITING NO LATER THAN
DECEMBER 13, 2012, AND MAY INCLUDE WITH THEIR OBJECTIONS
A REQUEST TO BE HEARD AT A FAIRNESS HEARING.

Objections may be submitted in one of two ways: (1) through the Court’s
Electronic Case Filing system, or (2) by first class mail to the Court at the
following address:

The Honorable Paul L. Friedman

United States District Court for the District of Columbia

333 Constitution Avenue, NW

Washington, D.C. 20001

If submitting objections by first class mail, the class member should write on the
first page of the letter, in large or underlined letters: “Civil Action No. 1:95-cv-
0148: Objections to Proposed Dismissal in Petties v. District of Columbia.”
Copies of the objections must also be mailed at the same time, by first class mail,
to:

Jennifer Lav

Counsel for Petties Plaintiffs

University Legal Services

220 I Street N.E., Suite 130

Washington, D.C. 20002

Chad Copeland

Counsel for the District of Columbia

D.C. Office of the Attorney General

441 Fourth Street, NW, 6th Floor South

Washington, D.C. 20001

The Court will decide whether to give final approval to the proposed dismissal at
or after a fairness hearing scheduled on December 19, 2012 at 9:30 a.m. in
Courtroom 29A of the United States District Court for the District of Columbia,
William B. Bryant Courthouse Annex, 333 Constitution Avenue NW,
Washington, DC 20001. If the Court decides to approve the dismissal, all Class
Members will be bound by this decision.