Litigation

Impact Litigation

Advocates for Children of New York’s impact litigation is a powerful tool in our efforts to improve education law and to change the systemic practices and policies we have identified within the New York City Department of Education (DOE) that violate state or federal law.   Whether we are filing a class action, a  lawsuit on behalf of an individual, or a “friend of the court” amicus brief outlining AFC’s support for a certain legal outcome, the goal is the same: to ensure access to a quality education for all New York City students.  Indeed, AFC’s impact litigation has protected the right to learn not only for the thousands of clients we serve each year, but for all of the 1.1 million students in the New York City public schools.

AFC’s impact litigation has improved the quality of countless students’ education and school experiences by:

• Compelling the DOE to meet its obligation to continue to provide financially eligible students with free or reduced-cost meals after those students were moved from public to non-public schools in order to meet their special needs.... View case details
  
  
• Maintaining pressure on the DOE to comply with federal rulings which mandate appropriate evaluation, placement and services to be provided to all New York City students with disabilities.... View case details
  
  
• Fighting the push-out of high school students at several New York City high schools.... View case details
  
  
• Identifying and addressing the DOE ’s persistent failure to implement impartial hearing orders for students with disabilities.... View case details
  
  
• Ensuring that children with disabilities who have been suspended or are receiving other school-related discipline are provided with the education to which they are entitled during their absence from school.... View case details
  
  
• Fighting for the implementation of procedures to ensure the timely placement of students returning to New York City schools from juvenile justice settings.... View case details
  
  
• Strengthening the rights of parents of students with disabilities to participate in the school co-location process.... View case details

Important Information for Parents of Students With Disabilities:

• Under the LV settlement, the DOE is required to send non-implementation notices to each parent whose impartial hearing order has not been properly implemented.  This notice is effective proof of non-compliance in a proceeding to enforce the order. If you received a voucher issued from the LV settlement, it must be activated and begun to be used within one year of its issuance, with one additional year to finish using it. Most of the vouchers issued under LV expired January 28, 2011, however, please check the start date of your voucher to confirm expiration.   If you have questions about non-implementation notices, enforcement of an impartial hearing order, or LV vouchers, please contact Rebecca Shore, Director of Litigation, at 1-212-947-9779 x577.

• Parents of students with disabilities who are suspended from school for more than 10 days should receive a FERPA notice informing them that the DOE may release certain information about their child to AFC in connection with our ongoing prosecution of EB v. Department of Education.  Your child will remain anonymous – only the information about his or her IEP and the services he or she is receiving at the Alternative Learning Center during their suspension will be disclosed.  If you do not want to share this information simply return the FERPA notice to DOE.   You can contact Avni Bhatia at 1-212-822-9573 with any questions. 

• Did you know that the DOE cannot co-locate another school or program at your child’s school without satisfying certain legal requirements.  This fact sheet answers commonly asked questions about the requirements for school co-location.