JSM v. New York City Department of Education
NYLAG class action lawsuit secures timely hearing decisions for NYC students with disabilities seeking special education supports
IMPORTANT UPDATE
On Tuesday, April 22, 2025, the Court granted final approval of the settlement in J.S.M. v. New York City Department of Education, No. 20-cv-705 (E.D.N.Y.) — a historic settlement with the New York City Department of Education (NYCDOE) and the New York State Education Department (NYSED) that comes one step closer to addressing this injustice.
The settlement protects students’ right to timely decisions on their due process complaints—the administrative complaints many parents must file to fight for services their children need.
About JSM v. New York City Department of Education
Many New York City schoolchildren with disabilities that affect their ability to learn are being denied the special education services they need. If the New York City Department of Education (NYCDOE) denies them any aspect of that special education, they and their families have a right to challenge the denial by filing a “due process complaint,” and having a hearing to fight for the services they need.
Federal and state laws clearly require NCYDOE and the New York State Education Department (NYSED) to conduct hearings quickly—usually within 75 days—because children suffering without necessary special education services can’t afford to wait. But for years, New York City schoolchildren with disabilities and their families have had to wait long beyond the legal deadline. These delays are illegal, unfair, and harm New York City’s most vulnerable residents: preschool- and school-aged children with disabilities that affect their ability to learn. The delays hurt families experiencing poverty the hardest, since they cannot pay upfront for services and must wait months or years to get the services their children need. New York City and New York State have known about this problem for over a decade, but failed to fix it.
On February 7, 2020, five families of New York City schoolchildren who were denied their rights filed the action JSM v. New York City Department of Education, No. 20-cv-705 (E.D.N.Y.) on behalf of themselves and all families who suffer the same harm. On December 3, 2024, the Court entered preliminary approval of a settlement of this case.
Under the settlement, NYCDOE and NYSED will ensure that substantially all families receive timely decisions on their due process complaints. It also requires that NYCDOE and NYSED make systemic changes to improve their hearing systems, including improving their technological systems to make them more efficient; changing the way they handle resolution and settlements of complaints; providing oversight and training to hearing officers; increasing transparency into the system for families and advocates; and providing special protections for students whose hearing decisions are overdue.
On Tuesday, April 22, 2025, the Court granted final approval of the settlement in this case. The settlement guarantees that New York City schoolchildren will get the timely decisions they are entitled to and so desperately need. When NYCDOE denies students special education that their families have requested, they have a right to challenge the denials by filing “due process complaints” and having a hearing to push for the services they need.
Contact
Do you have questions about the lawsuit? Do you have concerns about the settlement?
Please contact us at 212-946-0352 or JSM@nylag.org.
Claims
Violations of federal Special Education law, violations of Due Process and Equal Protection.
Highlights
- The Court granted final approval of the settlement in this case on Tuesday, April 22, 2025 — a historic settlement with the New York City Department of Education (NYCDOE) and the New York State Education Department (NYSED) that comes one step closer to addressing this injustice.
- Plaintiffs filed the class action lawsuit on February 7, 2020.
- The Court certified the class in this case on June 8, 2020, and appointed New York Legal Assistance Group and Sullivan & Cromwell as class counsel.
- Plaintiffs moved for summary judgment on September 15, 2022.
- Plaintiffs submitted a motion for preliminary approval of the settlement on November 1, 2024.
- The Court issued an order preliminarily approving the settlement on December 3, 2024.
Key Documents
- Final Approval Order
- Final Stipulation of Settlement
- Motion for Final Approval Memorandum of Law
- Amended Complaint
- Class Notice
- Class Certification Stipulation and Order
- Class Certification Notice
- Deusdedi Merced, External Review of the New York City Impartial Hearing Office (Feb. 22, 2019)
- Plaintiffs’ Motion for Summary Judgment
- City Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment
- State Defendants’ Motion for Summary Judgment (MSJ) and Opposition to Plaintiffs’ MSJ
- Plaintiffs’ Reply in Support of Motion for Summary Judgment
- Motion for Preliminary Approval Memorandum of Law
- Stipulation of Settlement
- Preliminary Approval Order
In the News
- Law 360 | 04.25.25: NY Settles Class Action Over Delays In Special Ed Hearings
- Law.com | 04.25.25: Litigator of the Week Runners-Up and Shout-Outs