Hundreds of former R.I. special needs students could be compensated for state cutting their education short
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It took another seven years for the damages for the affected students to be negotiated.
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The tentative settlement was publicly disclosed for the first time by House Speaker Joseph Shekarchi on Tuesday night. While briefing reporters on the late-night agreement on a $14 billion state budget, he said the process had been delayed by a last-minute request by the Rhode Island Department of Education to include a nearly $2 million appropriation for the legal settlement.
'We literally worked until 15 minutes ago' to fill the unforeseen budget hole, Shekarchi said around 9:15 p.m. The House Finance Committee approved the budget proposal before midnight.
The settlement, which still requires a judge's approval, has not yet been made public. RIDE Spokesperson Victor Morente said the students who will be eligible for compensation from the $1.86 million settlement are those who were 21 between Feb. 10, 2012 and July 1, 2019, did not get a regular high school diploma, and lost access to public school when they turned 21.
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The number of former students in that group number roughly 300, according to Sonja Deyoe, the lawyer for the plaintiffs. Two plaintiffs, identified by their initials K.L. and K.S, represented the wider class in the suit.
K.S., who was a 20-year-old student at Toll Gate High School in Warwick at the time the lawsuit was filed, was about to be cut off from high school despite having Asperger syndrome and ADHD. She was working toward a traditional high school diploma when she was told she would have to leave school on her 21st birthday, the lawsuit said.
K.L. had been a student at Chariho High School and suffered from a genetic disorder and developmental delays that left her at the 'cognitive level of a toddler,' the lawsuit said. She was cut off from school when she turned 21.
The suit noted a similar case in Hawaii resulted in courts ruling Hawaii had to provide education up to age 22.
Deyoe said it was 'very difficult' to come to an agreement on damages, as the two sides debated whether all the individuals affected in the class were eligible for compensatory services.
She said the $1.86 million could be used to reimburse students for GED classes, tutoring, assistive devices, or other services like speech therapy they may have sought to assist them in getting education in lieu of the extra year of public school.
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She said she has spoken to one former student who is paraplegic and plans to use the funds to pay for a device that helps them communicate.
Deyoe said cutting students off from high school at 21 had a serious impact.
'There are numerous people who we initially talked to who were very close to graduation, who, if they were given that additional period of time, would have been able to graduate,' Deyoe said. 'It's very sad.'
Deyoe said the issue at hand in the case was the word 'inclusive' in the federal requirement that free public education be provided for those ages 3 to 21. The plaintiffs interpreted that to mean inclusive of the 21-year-olds, not ending on their 21st birthday.
In its 2018 decision, the appeals court noted that some students without disabilities — such as those who went to prison in high school — had access to education up to age 22, but the special needs students were cut off at 21.
Rhode Island now provides education to students with disabilities until age 22, Morente confirmed.
Morna Murray, the executive director of Disability Rights Rhode Island, said while it's not ideal that students will be compensated a decade later, 'it's never too late' to right a wrong. She said for students who need it, staying in school an extra year can make a big difference in their futures.
'Having those extra years is golden, before they have to face the world,' Murray said. 'It's really significant.'
Disability Rights Rhode Island was involved in the negotiations for damages.
It is not yet clear when a judge will consider approving the settlement. After that, there will be an opportunity for affected students to seek reimbursement from the $1.86 million fund.
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The pool of money will also be used to pay an administrator to manage the fund, Morente said, along with legal fees. Unspent funds would be returned to the state after 20 months.
The Rhode Island House is slated to vote on the state budget on Tuesday.
Steph Machado can be reached at
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