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


compress summary