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Case Name E.F. v. New York City Department of Education DR-NY-0017
Docket / Court 1:21-cv-00419 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Education
Attorney Organization Bazelon Center
NDRN/Protection & Advocacy Organizations
Case Summary
On January 26, 2021, this class-action suit was filed against the New York City Department of Education, the City of New York, and the Chancellor of the New York City Department of Education on behalf of a class of nearly 2,000 Staten Island children with disabilities who alleged that they were ... read more >
On January 26, 2021, this class-action suit was filed against the New York City Department of Education, the City of New York, and the Chancellor of the New York City Department of Education on behalf of a class of nearly 2,000 Staten Island children with disabilities who alleged that they were being taught in segregated and unequal settings in violation of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act (IDEA), and the New York City Human Rights Law. The three named plaintiffs were students with disabilities and the advocacy group Disability Rights New York. The plaintiffs were represented by The Bazelon Center for Mental Health Law, Disability Rights Advocates, Disability Rights New York, and private counsel. The case was assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy.

The New York City Department of Education maintained and operated an entirely separate school district for students with disabilities known as District 75. Students in District 75 were pulled from Staten Island public schools.

Across the city, 25,000 students with disabilities attended District 75 schools, and 2,000 students with disabilities attended Staten Island District 75 schools. Students attending District 75 schools were taught in settings that were almost entirely segregated by disability, with very little facetime between students with disabilities and students without disabilities. Students with disabilities were funneled into the Staten Island District 75 system in violation of the IDEA's requirement that students be educated in the "least restrictive environment" possible. Additionally, Staten Island District 75 schools lacked many of the amenities that traditional public schools provide to their students like elective courses, extracurricular activities, and sports programs.

The students did not seek monetary damages; instead, they sought injunctive relief in the form of a permanent injunction to stop the defendants from violating the ADA, Section 504 of the Rehabilitation Act, the IDEA, and state law. They also sought to order the defendants to create and implement a remedial plan to ensure that students can learn in the most integrated environment possible.

The case remains open.

Gabrielle Simeck - 02/05/2021


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Disability
disability, unspecified
Integrated setting
Least restrictive environment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Disparate Treatment
Individualized planning
Reasonable Accommodations
Reasonable Modifications
Special education
Mental Disability
Autism
Learning disability
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Chancellor
City of New York
New York City Department of Education
Plaintiff Description Students with disabilities who receive education in a Staten Island District District 75 school or classroom or are at significant risk of being placed in a Staten Island District 75 school or classroom.
Indexed Lawyer Organizations Bazelon Center
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 01/26/2021
Case Ongoing Yes
Court Docket(s)
E.D.N.Y.
02/04/2021
1:21-cv-00419-LDH-RML
DR-NY-0017-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.Y.
01/26/2021
Class Action Complaint [ECF# 1]
DR-NY-0017-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges DeArcy Hall, LaShann Moutique (E.D.N.Y.) show/hide docs
DR-NY-0017-9000
Levy, Robert M. (E.D.N.Y.) [Magistrate] show/hide docs
DR-NY-0017-9000
Plaintiff's Lawyers Baldwin, Peter W (New York) show/hide docs
DR-NY-0017-0001 | DR-NY-0017-9000
Bossing, Lewis (District of Columbia) show/hide docs
DR-NY-0017-0001
Burnim, Ira Abraham (District of Columbia) show/hide docs
DR-NY-0017-0001
Crosson, Michael (Pennsylvania) show/hide docs
DR-NY-0017-0001
Feeley, Jennifer (New York) show/hide docs
DR-NY-0017-0001
Hartman, Gerald (Virginia) show/hide docs
DR-NY-0017-0001
Jeppe, Ptahra (New York) show/hide docs
DR-NY-0017-0001 | DR-NY-0017-9000
Keegan, Julie Michaels (New York) show/hide docs
DR-NY-0017-0001
Michelen, Lucas (New York) show/hide docs
DR-NY-0017-0001 | DR-NY-0017-9000
Seaborn, Stuart (New York) show/hide docs
DR-NY-0017-0001
Seelenfreund, Emily (New York) show/hide docs
DR-NY-0017-0001 | DR-NY-0017-9000

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