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Litigation

Litigation Filed on Behalf of AFC

Litigation Filed on Behalf of AFC

Complaint Filed before the New York State Education Department by Advocates for Children of New York against the New York City Department of Education

In April 2013, Advocates for Children of New York filed a complaint with the New York State Education Department (NYSED) against the NYC Department of Education (DOE), charging the DOE of systemically violating the law by failing to provide crucial behavioral supports for students with disabilities.  Providing these supports has been shown to decrease behaviors that often result in removing students from the classroom and/or suspending students.

NYSED issued a ruling on the complaint in November 2013. The NYSED decision affirmed AFC’s claim that the NYC DOE must address students’ behavior using Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs) as mandated by law. 

Associated Documents

Complaint: part 1part 2part 3part 4part 5

NYSED's Decision

Press Release

Fact Sheet: Positive Intervention for Students in Special Education

Advocates for Children of New York, Inc. v. The New York City Department of Education

AFC and the Asian American Legal Defense and Education Fund filed a lawsuit in Supreme Court, New York County against the NYC Department of Education, seeking an order compelling the Department of Education to release certain records as required by the New York State Freedom of Information Law and the Department of Education Chancellor’s Regulation D-110.  In addition to seeking the production of documents under outstanding Freedom of Information Law (FOIL) requests, the lawsuit alleges a pattern or practice of illegal conduct on the part of the Department of Education in failing to comply with open access laws that require government agencies to make records available to the public.

Associated Documents:

Petition

Memorandum of Law