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Federal Court Allows Lawsuit to Proceed Against DOE for Failure to Provide Needed Services to Students with Disabilities

08.29.2018 | Yesterday, the federal district court for the Southern District of New York issued a decision allowing a lawsuit filed by AFC and Greenberg Traurig, LLP to proceed. The lawsuit alleged systemic failure on the part of the NYC Department of Education to provide services, including nurses, to students with medical needs who require such services to attend school.

The DOE had moved to dismiss the case, but the Court denied the motion, finding the complaint sufficiently alleged that the DOE’s failure to provide needed services to the three plaintiffs was based on a systemic breakdown in the DOE’s practices, policies, and procedures governing the services it must provide to medically fragile children.  Referring to the DOE’s process for approving school nurses as “Kafkaesque,” the decision states: “Instead of alleviating the burdens borne by disabled students and their families, the current policies spawn a cumbersome and counterintuitive bureaucracy that undermines the goal of educating these children.”

View the decision [PDF]
View the full news release [PDF]