Important Legal Notice for Parents
I want to share with our readers a court-ordered notice that we received in connection with a class-action lawsuit against the New York City Department of Education (DOE).
The notice is aimed at certain parents who have filed impartial hearing requests against the New York City DOE. The title of the suit is JSM v. New York City Department of Education and it focuses on the delays that some parents experience in trying to resolve their special education claims against the city. The class action alleges that, for a selection of parents who have filed due process complaints or impartial hearing requests, the average wait time before a resolution is 259 days.
These delays can have a huge impact on students. Some of the class members’ children aren't receiving services during the pendency of their case and, in some worst-case scenarios, the child might not even have a school to attend while things with the DOE get hashed out.
In response, the New York Legal Assistance Group, or NYLAG — with the help of Sullivan and Cromwell — have filed a class action. Their class recently received court-approved certification, which is significant in complex litigation cases like this. It means that the case can move on to a pre-litigation posture, where there's often additional pressure on the defendant to settle the case.
In class-action lawsuits, a class is defined to determine who can join. The definition of the certified class in JSM v. New York City Department of Education is:
Individuals who have filed due process complaints, and the children on whose behalf due process complaints are filed, when due process complaints are unresolved and the decisions of such have not been timely provided under applicable federal and New York State law.
If you think you're a member of that class, I invite any of our readers to closely read the attached notice and see if it applies. And if the reader also is a client of ours, I encourage them to reach out to us and talk to us directly.
This lawsuit isn't seeking any monetary damages from New York City DOE. Instead, the lawyers on behalf of this class of plaintiffs want to require the Department of Education to provide final decisions in the legally required timeframe.
I think it's a good thing that this class action is proceeding. Even if nothing happens necessarily as a direct result of a judge's decision, in this case, it highlights a systemic problem that may exist at the New York City DOE. I think it will encourage heightened awareness of a potential problem in the system, and hopefully resolve cases faster so that parents can get their kids the services and education they need.
Marc Gottlieb
Partner
195 Montague Street
14th Floor
Brooklyn Heights, NY 11201
Marc@GottliebFirm.com
(646) 820-8506