amounts allegedly owing, however, the Court will not hold defendants in contempt with respect to this issue. In any event, procedures that the parties will either consent to or that will be implemented by Court order will ensure that legitimately disputed invoices will be addressed in a timely manner.
In addition to its other requirements, the Court's Order of March 17, 1995, in the Petties case contemplated that mechanisms would be put in place for the monitoring of defendants' compliance with the Order. It required defendants to provide "written assurances, in a form satisfactory to the Court," that future payments will be made on a current basis and to provide reports on a regular basis regarding defendants' compliance with the Court's Order. Petties v. District of Columbia, C.A. No. 95-0148, Preliminary Injunction at 3 (D.D.C. Mar. 17, 1995). The defendants have presented certain information to the plaintiffs and made a proposal regarding procedures by which defendants would provide such monitoring and regularly file reports in order to comply with the Court's Preliminary Injunction. The plaintiffs have made a submission to the Court regarding defendants' proposal.
As plaintiffs have correctly stated, the defendants' conduct to date and their proposal for monitoring and reporting do not satisfy the intent of the Court's Order to provide certainty to the special education providers and to eliminate the defendants' practice of responding in a piecemeal fashion to their statutory obligations. At the show cause hearing, the Court asked the parties to attempt to agree on a proposed order to put adequate procedures in place for monitoring and reporting that satisfy the intent of the Court's order and to provide adequate guarantees to providers. If they cannot do so, plaintiffs are to submit a proposed order to the Court. The Court suggested that the procedures to be proposed also should suggest a process or mechanism to resolve the outstanding costs and disputed claims.
For the reasons stated in this Opinion, the Court finds the defendants in contempt of the Court's Orders of March 17, 1995, with respect to the unilateral announcement to private providers that they will not pay tuition or provide transportation after June 9, 1995, for DCPS students placed in those schools. The Court will enter orders in the Petties and Skerritt cases this same day directing that payments for such placements and services be made in a timely fashion as required by the IDEA.
The Court denies the request of plaintiffs in the Petties case to hold defendants in contempt for their failure to pay all outstanding costs for special education placements, related services or both for which DHS has been invoiced. The Court's Order of March 17 did not cover such placements and services. The Court also denies the request of plaintiffs in the Petties case to hold defendants in contempt for failure to pay all outstanding costs for private special education services, related services or both as to which defendants claim there is a dispute. This issue will be dealt with in a separate procedural order that the Court will issue to implement paragraphs 3 and 4 of its March 17 Preliminary Injunction after receiving a submission from the parties.
PAUL L. FRIEDMAN
United States District Judge
This case came before the Court on May 4, 1995, for a hearing in which defendants were directed to show cause why they should not be held in civil contempt for their violations of the Court's Preliminary Injunction arising from the following matters:
1. Defendants' notification to private special education schools that, after June 9, 1995, defendants will not pay tuition or provide transportation for DCPS students placed in those schools;