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.