Settlement in Federal Lawsuit, Securing the Education Rights of Young People In Court-ordered Settings Who Return to NYC Schools
FRIDAY, MARCH 11, 2011

The Legal Aid Society’s Juvenile Rights and Criminal Defense practices and co-counsel Advocates for Children and Dewey & LeBoeuf represent a class of New York City students and their parents who have reached a settlement of a federal lawsuit against the New York City Department of Education, securing the education rights of young people who spend time in court-ordered settings and then return to New York City schools in their communities.

The settlement will require the DOE among other things to: re-enroll quickly those students who return from detention or court-ordered placements; provide lawful school placements and special education services for returning students who have disabilities; transfer education records quickly; issue a Best Practices Guide and training to school staff regarding educational records, awarding credits, and making programming decisions for these students; and provide special education, remedial services, and the opportunity to take State standardized tests and Regents examinations to students in Department of Juvenile Justice detention centers.

In addition to this class-wide relief, the settlement will also provide compensatory relief to eligible students who have returned from court-ordered settings since December 2001, including re-enrollment, counseling sessions, tutoring, assistance in earning credits for those who have fallen behind, and remedial reading and math services. The Court will hold a hearing on April 28, 2011, at 11:00 a.m. to decide whether to approve the proposed Settlement. Notices of the settlement have been posted city-wide, and have been sent to thousands of individual class members who might be eligible for compensatory relief.

Related Documents - J.G. et al. v. Mills et al., 04civ5415 (EDNY)