What is this case about?

Derrick, et al. v. The Glen Mills Schools, et al. (Case 2:19-cv-01541-HB) is a class action lawsuit filed in 2019 on behalf of former Glen Mills Schools students and their parents. The case seeks to remedy harm experienced by former students who were subject to physical and emotional abuse and denied their right to education while at Glen Mills. The case was filed against Glen Mills Schools and former officials and employees of Glen Mills Schools, as well as officials of the Pennsylvania Department of Human Services, Pennsylvania Department of Education, and the Chester County Intermediate Unit (CCIU).

What is the settlement ?

CCIU has approved a $3 million settlement with plaintiffs. Under this agreement, CCIU will establish a compensation fund for former Glen Mills Schools students. From this fund, qualifying former students may be eligible for compensation, which could include cash payments, compensatory education, or a combination of these remedies.

Does this mean that the lawsuit is over?

No. The lawsuit will continue because CCIU is just one of the defendants in Derrick et al. v. Glen Mills Schools et al. All of the other defendants including The Glen Mills Schools, the Pennsylvania Department of Education, and officials of the Pennsylvania Department of Human Services remain in the case. CCIU will be dismissed but the lawsuit will proceed.

Who qualifies for this settlement?

All former students who attended the Glen Mills Schools between April 11, 2017 and April 11, 2019 OR who attended Glen Mills any time prior to April 11, 2017 AND were under age 20 on April 11, 2019 qualify for the settlement’s Compensatory Education Fund.

Former students who attended Glen Mills during these same periods and experienced or observed physical abuse or restraint during school hours OR who experienced or observed this outside school hours and whose school performance was materially affected qualify for the Education Damages Fund.

What is the Compensatory Education Fund?

The Compensatory Education Fund is money that can be used to reimburse or pay for a wide range of legitimate educational expenses to make up for the education deprivation that former students experienced while attending the Glen Mills Schools. This may include tutoring, educational programs, college tuition, job training, counseling, etc. Former students are eligible for compensation for each school day they attended the Glen Mills Schools. Students with disabilities and English learners will receive additional funds for each school day.

What is the Education Damages Fund?

The Education Damages Fund is money that compensates former students who experienced or observed physical abuse or restraint during school hours while attending school at the Glen Mills Schools or whose school performance was affected by such observations outside school hours.  

What is physical abuse or restraint for purposes of settlement?

Examples of physical abuse or restraint include being hit, kicked, punched, pushed, grabbed, choked, taken down, assaulted, head-butted, subject to physical restraint or “PR’d.”

I think I qualify. What do I do next?

There will be two forms to complete: one is for former students who want to use the Compensatory Education Fund; the second is for former students who want to use the Education Damages Fund. If you think that you may qualify, you should complete and submit these forms, and they will be submitted to the Fund Administrator. All forms must be submitted no later than January 19, 2024.

It is important to know that while all former students who attended the Glen Mills Schools during the relevant period are eligible for the Compensatory Education Fund, only those former students who experienced or observed physical abuse or restraint while attending school or who experienced or observed such abuse outside school hours and whose school performance was materially affected will qualify for the Education Damages Fund.

After I submit my forms, what comes next?

The Fund Administrator will review the forms and determine eligibility. If there are questions or problems with your forms, you will receive notice in writing from the Fund Administrator and have an opportunity to correct the problems. You will be notified in writing about the status of your eligibility.

How much compensation will I receive?

After the one-year eligibility period, former students who have completed forms will be notified about the amount that they will receive from each fund dependent on their eligibility. All former students who submitted forms and received notice that they qualified for the settlement will receive some amount from the funds.

When will I know how much I will receive?

By March 19, 2024, the Fund Administrator will notify all former students who completed forms about the amount they will receive from both the Compensatory Education Fund and the Education Damages Fund. All former students who submit forms by January 19, 2024, and receive notice that they qualify for the settlement will receive some amount from the funds.

When will I receive my education damages payment?

By April 18, 2024, the Fund Administrator will send education damages payments in the form of a check or electronic deposit to all qualifying former students who submitted a form. Former Glen Mills students must deposit any check received within six months of receiving the funds.

How can I use the compensatory education funds?

Students can use the compensatory education funds to reimburse or pay for any legitimate educational expenses. Legitimate educational expenses include lots of educational expenses, including but not limited to tuition for vocational, college, and other post-secondary programs; tutoring; therapy; counseling; computers and other technology; mental health services; planned courses of instruction through online programs; educational evaluations; music and art programs; supplies to participate in programs; and job coaching.

Students may submit documentation of prior or current educational payments or invoices for which they seek reimbursement to the Fund Administrator using this form.

How long do I have to use my education funds?

Former students have six years from the date the compensatory education fund is created for each individual. After that, any remaining funds will be returned to CCIU.

What is next for the lawsuit?

The lawsuit is currently in the final stages of the period of discovery. When discovery concludes this spring, the plaintiffs will be seeking class certification so that the case can move forward as a class action seeking classwide relief.