Litigation

E.B. v. Department of Education

Along with the firm of Davis Polk & Wardwell, LLP, AFC represents in E.B. v. New York City Department of Education a class of all children with disabilities who have been excluded from school without proper notice and due process. The suit alleges, among other things, that the Department regularly suspends, discharges, transfers and otherwise excludes student with disabilities from its programs without providing them and their parents adequate notice as is legally required and, in so doing, denies them the free appropriate public education to which they are entitled under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. 

Associated Documents:

Third Amended Complaint in E.B. v. DOE - July 15, 2003

Decision Denying Defendants' Motion to Dismiss - January 26, 2004

Decision Granting Plaintiffs' Motion to Certify a Class - August 17, 2004

Plaintiffs' Response to Defendants' Motion to Amend - March 2, 2005

Defendants' Motion to Narrow the Scope of the Class - March 9, 2005

Judge's Decision Regarding Scope of Class - June 29, 2005