Adams and NYC DOE Ordered to Reform Special Education System and Delayed Payments

M.C. Millman

In a 20-year-old court case, a federal judge has ordered the New York City Department of Education (DOE) to support students and their families with disabilities who have chosen to exercise their due process rights. 

The original 2003 class action lawsuit, LV et.al vs. NYC DOE, was filed by families waiting months to receive special education services or payments after being awarded them. After a 2007 federal lawsuit settlement, the education department was given 35 days to implement orders for services or payments. 

However, according to The City, the education department vastly failed to meet that standard. The latest numbers, shown here, supplied by an independent auditor show that the department met the deadlines for enacting orders for special education services in just 5.8% of cases. Payment deadlines were only met in 2.3% of orders.

“The record is clear,"  Senator Felder who has been a staunch advocate for the rights of special needs children and their families,  hailed the ruling. "For far too long, families of children with special needs have suffered bureaucratic obstacles and been hurt by massive delays in accessing the services and payments that are legally required for their child’s education. This ruling is a crucial step forward in ensuring that every child is given a fair chance to thrive. That means they receive the support services and reimbursements they are legally entitled to, in the timeframe mandated by the law.”

The DOE has been ordered by U.S. District Judge Loretta Preska to take 40 actions to resolve this issue. According to the Official Website of the City of New York, "the final agreement represents months of work and collaboration between the DOE, the plaintiffs, the special master, and the court to improve the implementation of Impartial Hearing Orders." 

Implementation timelines range from 45 days to 18 months from the order date, including requirements for reporting progress.

"We are here today to take a massive step toward getting families reimbursed for the costs of services," Preska said during a court hearing on Wednesday. 

In a statement, Mayor Eric Adams endorsed the reforms.

"As a student, it was difficult to navigate the public school system without the support I deserved, and too often, students with disabilities have struggled in a system that wasn't fully able to meet them where they are," said Adams. "Today's announcement is a step in the right direction for both New York City's public school students and their families."