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J.G. v. MilsAFC, the Legal Aid Society of New York and Dewey Ballantine LLP have filed a class action suit on behalf of a class of students aged 7-21 who have a history of involvement with the juvenile or adult court systems and who are entitled to an education in New York City schools. All the plaintiffs in this action claim that upon being released from a court-ordered setting, they have been denied timely re-enrollment in New York City schools. The students claim that court-involved youth are regularly denied the opportunity to return to school or warehoused in alternative settings where court-involved youth are segregated and that do not afford them minimally adequate educational services. The complaint also contains allegations on behalf of two subclasses: court-involved youth with disabilities and class members who did not receive adequate educational services while in detention in New York City. Richard Mills, Commissioner of the New York State Education Department, as well as Joel Klein, Chancellor of the New York City Department of Education are named as Defendants in the suit. The case is pending in the Eastern District of New York before Judge Allyne Ross and Magistrate Judge Steven Gold. The court has preliminarily approved a proposed settlement agreement between the plaintiffs and the state defendant, Richard Mills, Commissioner of the New York State Education Department. The court will hold a hearing to consider the settlement on October 3, 2008 at 2 p.m. in the United States Courthouse at 225 Cadman Plaza East, Brooklyn, NY 11201. More information about the settlement is available in the settlement notice posted below.
Selected Documents: Plaintiffs' Memorandum of Law in Support of Class Certification - December 17, 2004 Selected Declarations and Exhibits in Support of Class Certification
Memorandum of Law in Support of Plaintiffs’ and Proposed Intervenors’ Motion to Intervene, Amend the Complaint and in Support of a TRO and Preliminary Injunction - February 8, 2004 Plaintiffs' Memorandum of Law in Support of a Preliminary Injunction - September 19, 2005 Exhibits in Support of Preliminary Injunction Exhibit A, Exhibit B, Exhibit C, Exhibit D, City and State's Reply to P.I. City Defendants' Opposition to Motion for Preliminary InjunctionState Defendants' Opposition to Motion for Preliminary Injunction Declaration of Pat Schubert in Opposition to Motion for Preliminary Injunction P.I. Decision Report and Recommendation - July 6, 2006 Settlement Notice - August 2008 < |
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